An application to stay an Illinois county trial court's
permanent injunction prohibiting petitioners from operating their
adult bookstores in certain areas of the county -- both the
Appellate Court and the Supreme Court of Illinois having denied
motions to stay the injunction pending appellate review -- is
denied.
JUSTICE STEVENS, Circuit Justice.
On March 8, 1985, the Circuit Court of Cook County entered a
permanent injunction which prohibits petitioners from operating
their adult bookstores in certain unincorporated areas of Cook
County, Illinois.
* Petitioners'
appeal from the injunction is currently pending in the Appellate
Court of Illinois for the First Judicial District. On March 20,
1985, that court denied petitioners' motion for a stay of the
injunction pending appellate review. On April 22, 1985, the
Illinois Supreme Court likewise entered an order denying
petitioners' motion to stay enforcement of the injunction pending
review.
Petitioners filed an application for a stay with me in my
capacity as Circuit Justice for the Seventh Circuit on August
Page 473 U. S. 1323
29, 1985. Because the application was not filed within 90 days
of the Illinois Supreme Court's April 22, 1985, order, however,
neither this Court nor a Justice thereof has the authority to treat
the application as a petition for certiorari to review
"the merits of petitioners' claim that the outstanding
injunction will deprive them of rights protected by the First
Amendment during the period of appellate review,"
National Socialist Party v. Skokie, 432 U. S.
43,
432 U. S. 44
(1977) (per curiam).
See 28 U.S.C. § 2101(c). Moreover,
because the application does not indicate that the appeal will
become moot unless a stay is granted, it does not appear that an
extraordinary writ may be issued pursuant to 28 U.S.C. § 1651 in
aid of this Court's appellate jurisdiction. Accordingly, the
application is denied.
* The authority for the Circuit Court's injunction is a zoning
ordinance adopted by the Cook County Board of Commissioners which
restricts "adult uses" and defines one such use, an "adult book
store," as:
"An establishment having as a substantial or significant portion
of its stock in trade books, magazines and other periodicals which
are distinguished or characterized by their emphasis on matter
depicting, describing or relating to 'specified Sexual Activities'
or 'specified Anatomical Areas,' or an establishment with a segment
or section devoted to the sale or display of such material."
County of Cook, Ill., Zoning Ordinance, § 14.2 (1976), reprinted
in Application, Exh. A2. In their application, petitioners
represent that their stay request "only concerns itself with the
rights of adult bookstores."
Id. � 19.
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