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| falafael, computer stuff, drunk guys, drunkteen fuck, uncensored, 2001, cock, law, australia, attorney resource., magazine, lingerie, links, media, stories, plays, footfetish, radical orthodoxy, devil, laws, abovethe law, conspiracy duck, video, pissed off, | Petitioner was not seeking to use a facility primarily 1990 serving a competing use. Nor was rejection of the application based on any regulation of time, place, or manner related to the nature of the facility or applications from other users. No rights of individuals in 1990 surrounding areas were violated by noise or any other aspect of the production. There was no captive audience. Whether petitioner might have used some other, privately owned, theater in the city for the production is of no consequence. There is reason to doubt on 1990 this record whether any other facility would have served as well as these, since none apparently had the seating capacity, acoustical features, stage equipment, and electrical service that the show required. Even if a privately owned forum had been available, that fact alone would not justify an otherwise impermissible prior restraint. |
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| Approval of the application depended upon the board's affirmative action. Approval was not a matter of routine; instead, it involved the "appraisal of facts, the exercise of judgment, and the formation of an opinion" by the board. The board's judgment effectively kept the musical off stage. Respondents did 2001 not permit the show to go on and rely on law enforcement authorities to prosecute for anything illegal that occurred. 2001 Rather, they denied the application in anticipation that the production would violate the law. Respondents' action was no less a prior restraint because the public facilities under 2001 their control happened to be municipal theaters. The Memorial Auditorium and the Tivoli were public forums designed for and dedicated to expressive activities. There was no question as to the usefulness of either facility for petitioner's production. There was no contention by the board that these facilities could not accommodate a production of this size. None of the circumstances qualifying as an established exception to the doctrine of prior restraint was present. |
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