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The New Mexico Supreme Court this morning heard arguments over whether to uphold the Guild Cinema’s citation for violating an Albuquerque ordinance restricting where adult films can be shown.
The case stems from the Guild’s showing of “Couch Surfers: Trans Men in Action” during the 2008 “pornotopia” festival for erotic films.
The justices critically questioned both the ACLU attorney for the Guild and the city attorney representing Albuquerque. They didn’t make a decision, and it’s not clear when they will.
The court could uphold or overturn the Guild’s conviction or make a broader ruling about the legality of the city ordinance that regulates “adult amusement.”
The Guild’s attorney argued that theater’s conviction was based on the showing of only one film, not enough to cause any of the harmful secondary effects cities might be concerned about when it comes to porn.
The city’s attorney said Albuquerque was right to prosecute the case and that the adult-amusement ordinance offers reasonable restrictions on where such films can be shown.
In tomorrow’s paper, I’ll have more on what questions the justices wrestled with and what the attorneys said.
-- Email the reporter at dmckay@abqjournal.com. Call the reporter at 505-823-3566
