*1 Gloria the State Goldman 30, 1972.
TRAPP, J., dissenting. P. Reno, Reno, Donald M. O’Byrne Champaign, & Kepley, Jr., appellants. Decatur, Greanias,
Basil G. Carpel, State’s L. (Ronald *2 Assistant State’s of for the counsel,) People.
Mr. SMITH of the court: delivered restrains of is before propriety us. and display dissemination of and the оf * * * and said defendants “restraining enjoining Club”— * * * from doing business as ‘Adult Book and at place Cinema and Shop’ from or lewd material and promoting ‘Swingers Club’ in said until notice of this further for suf Assuming (as court”. can) form, and otherwise re ficiently specific question as adequate as mains to whether there exists a basis on which to it and legal bottom this must be found other than in section our somewhere of 1971, Criminal 20, Stat. as (Ill. Code. Rev. ch. 38.) Equity, Sec. 11— know, not enjoin wHl of criminal Criminal Code violations law—the is, so to itself an in its vis a speak, but commands injunction, enforcing vis putative them, “contemnоrs” we deal not sans by contempt, jury, where the quantum of evidence need as only but preponderate, Criminal Code otherwise most mаndates. The convenient distinctly only niche, seem, it would in which to fit the granted relief here equitable found, aH, if at law of nuisances and the concomitant of power equity abate them.
Thus, at the we arrive Are pivotal question: is, materials can be or sold a viewed nuisanсe? If it then surely equity has the to abate such But are such power by injunction. again, places nuisances? We are assured that are and are 1 of referred section 1971, 1, our Public Nuisance Rev. sec. ch. passed (Ill. Stat. 100%.) In reads in toto: and and aH and the fixtures all buildings apartments, places,
“That thereof, lewdness, for of assigna- and contents used movable nuisances, tion, declared to be and hereby or рrostitution, public owners, and oc- agents, be abated as hereinafter may provided. shaU any or or such any budding apartment, of cupants nuisance, guilty maintaining public be deemed as hereinafter joined provided.” date which hold that “pornoshops”
Suffice it to there no cases to say
255 matter, period. for this statute or are nuisances under nuisances — stated Indeed, obiter, recently it is Court though Supreme Movies, Inc., 366: “* * * the abatement for stаtutory And while there is authority Stat. (Ill. of nuisances in the used for Rev. case places 100%, for used the purpose ch. pars. through 11), placеs 1969, ch. of using, or narcotic keeping, selling (Ill. Rev. Stat. drugs 100%, pars. 14 or as through 25), gambling places (Ill. statu- comparable aware 3), any * * tory proceeding applicable obscene material solely only that this statute is aimed to us “lewdness" statutory Only houses of we can chаracterizing “places” we be “obscenity”, justified words its Obviously, as dissemination nuisances. display public considerable or even with “assignatiоn” “prostitution” can said ‘lewdness” stretching, hardly obscenity. Possibly to cover in a given context the Code—a might cover “obscenity” thing interest, оbscene if its is to predominant appeal prurient it goes substantially customary limits candor—but beyond as we its interpret meaning. The word ‘lеwdness” is in disjunctive seriatim with “assignation or aid con That prostitution”. statutory *3 struction, a sociis, i.e., noscitur in de associated words are of аssistance the termining exact meaning word, a be certain given prevails our opinion. Legislative words are not inert and from the vitality derive obvious which are To fix must they purpose, aimed. read a text context and word is if the it by company keeps, then ‘lewdness” is synonymous with This aid prostitution. contemplates or more that where two words of analagous to meaning employed gether in a sense, understoоd to used in cognate be their relations, the same and give color and each expression For an “assignation” could an example, other. be innocent appointment, a chaste a tryst, or rendezvous with (even at least those destiny), meanings that can be so it, ascribed to but not here in its context with ‘lewdness” and “prostitution”. Thus, a “assignation”, coined euphemism years ago to protect the is hyрersensitive, “prostitution". synonymous So, with ‘lewdness”—it must with “prostitution”, and “as signation” in described, the sense just we are to the follow rule a noscitur soсiis adopt sense of the word which best harmonizes with its setting. judicial legislation for us to read into the Public
Nuisance a meaning that is Courts should reading there. eschew into statutes their personal predelictions. What is or is not a nuisance lapse as this
must be So far legislatively detеrmined. the law, legislature it is a limitation of the forcement would. has even we seen fit to and which ignore, gainsay, past widely acceрted The has been too present interpretation us to or add overrule to it now. enjoined.
We here conclude that the Act dоes not cover the activity ob The fact that a in addition place, is cognate activity, scene materials also Club”, is alter thе situation in promoted, opinion. statute it does could not cover these Whether ever simply “purposes”. even need under Illinois is sоmething or Federal constitutions now decide. was Accordingly, improvi temporary injunction dently issued, Being issued. this matter remanded improvidently directions to dissolve allow motion to strike as such does not state cause of action.
Reversed and remanded with directions.
CRAVEN, J., concurs.
Mr. PRESIDING TRAPP dissenting: I dissent from the that the statute at issue doеs not cover the activities shown A substantial difference by point record. the determination relate that the matters within the statute scope to or be equated with commercial opin- prostitution. ion abandons plain meaning words. defines the context
Ill. de- Dictionаry Third New International Webster’s money”. for acts fines especially of time assignation appointment of illicit of whether regardless sexual It is the use of premises relations. State, 208 Ark. (Rhodes commercialized vice. is a S.W.2d and history, assignation In the context of literature 379.) thing аpart from or whorehouse. statutory prostitution with commercial must be equated that lewd we cannot Again, obscene, salaci- synоnymous terms Lewd Diction- Collegiate New Seventh (Webster’s licentious. sexually ous Diction- Black’s Law contrary notwithstanding, to the ary. ) *4 or lasciviоus. shows ary lewd synonymous of nui- categories statute announces three language plain albiet depravity to incite lust or designed or obscene sance, i.e., the lewd acts; as- instant sexual contemporaneous immediate necessarily without illicit sex relations аlbiet without sense of signation statutory prostitution. finally money”, were finding premises court The trial made supports testimony assignation, in the context of non-commercial the trial clear before Again, the evidence make court as a wall of photographs cоvered pictures Ridens, hard showing only People core described showing the addition of matters Ridens be obscene beastliness. seеms to determine that some matters may as a matter law.
I the record shows that the temporary was improvidently granted. v. Howard State
Greer
Rehearing denied September 19, 1972.