1
2
3
4
5
LOUISE
H.
RENNE
f^'DORSED
City Attorney
BURK
E.
THOMAS
DELVENTHAL
J.
OWEN
Deputy City Attorneys
206 City Hall
San Francisco, CA 94102
(415)
554-4235
APR 1 8 1987
Attorneys for Plaintiffs
ilepuly Clerk'*
6
7
8
SUPERIOR
COURT
OF
THE
STATE
OF
CALIFORNIA
9
IN
AND
FOR
THE
CITY AND
COUNTY OF
SAN
FRANCISCO
10
11
12
PEOPLE OF THE
CALIFORNIA ex
STATE
OF
No.
City Attorney,
GEORGE AGNOST,
Etc., et a 1.,
MEMORANDUM OF POINTS
AND AUTHORITIES IN
SUPPORT OF ORDER TO
SHOW CAUSE RE CONTEMPT
13
Plaintiffs,
14
vs
830-321
rel.
.
15
IMA
JEAN
OWEN,
et
16
Defendants
.
DATE:
MAY
TIME:
9:00
DEPT:
8
4,
1987
a.m.
(Judge Wonder)
17
18
19
I.
This
20
turns
case
upon
21
Department of Public Health
22
establishments
23
On
November
24
in
the
25
contemnors
26
STREET BATHS,
ku.
1102
INTRODUCTION.
the efforts of the San Francisco
to
close
down
determined to contribute to
28,
1984,
above-captioned
this Court
case.
JOHN AcMOODY,
as
well
as
issued
That
the
other
commercial
spread of AIDS.
preliminary injunction
injunction
WILLIAM ESTEP,
several
a
certain
runs
against
DAVID ANDERSON and 21ST
defendants.
The
1
preliminary injunction requires the defendants to provide
2
monitors
3
all
4
activity,"
5
with modifications
6
Declaration
7
"A"
patrol
the premises
patrons observed engaging
and to
in
of
of
Burk
March
E.
25,
A copy
is
1986,
Delventhal,
the injunction,
of
attached to
file herein,
on
Contemners
and
conditions
have
the
Exhibit
as
of
willfully refused to comply with the terms
order.
the
10
Burk
11
reference.
Plaintiffs
12
complaint,
and contemners
13
hearing before this Court
14
November
15
preliminary injunction
16
aware
17
them.
18
in
violation
19
2,
1986;
20
January 21,
1987;
21
1987;
March
11,
1987;
March
22
1987;
March
22,
1987;
and,
Delventhal
E.
of
14,
the
Contemners
of
in
with
original
the
the preliminary
on
thereafter
injunction
served
the Contemners.
upon
and
the
order
to
1986;
November
February 21,
on
of the
copy
Contemners
29,
1986;
thus
March
15,
24
26
II.
THE
LAW OF
California Code of Civil
upon
on
27,
1987;
1987;
October
provides
that disobedience of any
March
<11
102
CONTEMPT.
-
2
suixi.
lawful judgment,
-
order
1986;
March
1987.
Section 1209^
were
allowed acts
December
February 27,
1987;
March 25,
and
their business
at
1987;
13,
a
the
at
obligations it imposed
occur,
of
incorporated by this
appeared through their counsel
order
5,
Declaration
the
willfully violated the order,
the
November
and
served contemners
The Court
Court's
forth
set
file herein
on
1984.
As
23
25
and
any
high risk sexual
...
defined in the order.
as
"immediately expel
.
8
9
to
or
10,
20,
1
process
of the court
2
court.
"Direct"
3
4
5
and
presence
of
those
contempt
the
contempts which
court
identified
in
7
punishable by
8
exceeding five days,
10
1218.
The
under
11
(Code of
12
payment
14
accused
an
the
judge in chambers;
"indirect."
are
611,
or
both.
has
the
Procedure
616.
or
Civil
power
to
imprison
for
of
(In
re
the
penalties imposed,
contempt
Victor
(1934)
is criminal
contempt
Procedure
subd.
such
as
v.
is
by imprisonment not
of
1219,
other
Nierenberg
A
Code
Section
all
of the court,
p^resence
59 Cal.App.3d
also
fine
a
the
circumstances, until performance
Civil
of
of
fine not exceeding $1,000
court
"Because
13
(1976)
a
certain
or
this motion,
Superior Court
the authority of the
is that committed in the immediate view
outside
occur
6
9
constitutes contempt of
a
of
(a)),
220 Cal.
Section
contemnor,
specific act
a
until
or
729).
the proceeding
in nature,
to punish
and guilt must
be
Coleman
12
15
established
beyond
16
Cal.3d
572-73.
17
requires that the record contain substantial evidence that the
18
contemnor
19
of
20
237,
240.
21
from
the
22
38
the
568,
An
doubt."
re
Oliver
However,
v.
509,
Superior Court
intent to violate
circumstances.
an
City of Vernon
(1961)
order
v.
to
obey the order
197 Cal.App.2d
may
be inferred
Superior Court
(1952)
518.
24
separate contempt.
25
848,
855; Golden Gate Materials Co.
26
Cal.
187,
192;
(1974)
adjudication of indirect contempt
Every separate act of disobedience of
23
see
Donovan
an
Superior Court
v.
generally In
re
v.
-
3
-
injunction is
a
(1952) 39 Cal.2d
Superior Court
Stafford
kU
ilOJ
In
willfully and contemptuously refused
court.
Cal.2d
reasonable
a
(1958)
iXBB42 £3
160 Cal,App.2d
1
2
3
4
5
110,
114.
Where
contemnor
has
been
charged with maintaining a
public nuisance in violation of the court's order,
nuisance continues
and
court
Mitchell
is
separate
a
be punished
may
as
Superior Court
V.
insult
to
the
each day the
authority of the
separate act of contempt.
a
(1987)
43 Cal.3d
107,
See
128-30.
6
III.
CONTEMNORS HAVE WILLFULLY VIOLATED
COURT'S ORDER BY FAILING TO PROVIDE
MONITORS AND FAILING TO EXPEL PATRONS.
7
THE
8
The
9
10
11
12
13
14
15
16
of
evidence before the Court
violations
of
fifteen visits
unsafe
sexual
hindrance
file
19,
on
25-26,
file
activity occurring
contemners.
and
29,
and
17
16-20,
24-27,
18
71-73,
75.
19
monitor
20
separate
21
taking place within
22
Aiken,
23
56,
70,
As
24
On
74,
the
See
only
39-40,
34,
one
premises.
10,
pattern
Thirteen out of
the premises without
on
Declaration
of
any
Kevin Aiken,
43-44;
14-16,
Declaration of Pierre Merkl,
36,
38-39,
41-49,
53-55,
a
38,
57-60,
occasion did the contemners
See Declaration of Aiken,
employees ignored indications of
30,
on
incorporated by this reference, Iflf 3-12,
29-31,
dates,
UK
clear
incorporated by this reference, Iflf 6, 9,
33-35,
herein
the
preliminary injunction.
a
by the City's investigators produced accounts of
from
herein
the
establishes
few
feet
43-44;
of
them.
See
64-67,
actively
If 23.
On
sexual
activity
Declaration
Declaration of Merkl,
seven
of
KK 37,
40,
50,
76.
January 31st visit shows,
contemnors
are
25
complying with the order.
See Declaration of Aiken,
26
the
contemnors
remaining visits show,
-
4
-
lack either
the
capable of
f 23.
As
interest
or
the will
1
2
3
4
5
6
7
or
do
to
expel patrons
of
purposes
health,
Their
so.
over
the preliminary
injunction,
safety and welfare.
mending their ways;
of
the most
the
failure
to
provide monitors
five month period completely defeats the
a
of
sent
deliberate
the
and imperils
the public
Contemners cl-eariy have no intention
last nine visits,
which produced
some
disturbing testimony, occurred after the City had
contemners
a
second
warning letter.
8
IV.
9
The
10
11
12
13
14
15
16
17
Court
must
now
act
CONCLUSION.
to
protect
safety by punishing contemptuous violations of its order.
Contemners
them
to
21ST
the
Court's
written order,
provide monitors and expel patrons,
refusedto
Court
received
do
Plaintiffs
so.
BATHS
by imprisonment
/
/
to
be
/
/
/
in the County Jail for not
/
/
/
22
23
24
25
y J
/'
26
<U,
-
102
required
an
order of the
guilty of contempt and punished therefore
20
21
it
adjudging JOHN AcMOODY, WILLIAM ESTEP, DAVID ANDERSON and
STREET
/
knew
and willfully
respectfully seek
18
19
the public health and
5
-
more
than
five days
1
2
3
4
5
and
fined
$1,000 for each of the fourteen separate
days of
violation:
December
October
27,
1986;
2,
1986;
November
January 21,
5,
1986;
1987; February 21,
27,
1987; March ID,
1987; March 11,
1987;
March
15,
1987;
1987;
1987;
and,
March
DATED:
6
20,
April
November
March
22,
1987;
13,
29,
February
1987; March
March 25,
1987
1987
7
8
Respectfully submitted,
9
LOUISE
H.
RENNE
City Attorney
10
E, DELVENTHAL
THOMAS J. OWEN
11
Deputy City Attorneys
BURK
12
By
_
13
ley
14
Attorneys for Plaintiffs
15
16
17
18
19
20
21
22
23
24
25
26
8 6 4 S E
-
KUL
M02
6
-
1986
December
21,
1984
Hon.
Roy L. Wonder
Judge, Superior Court
Department 8
481 City Hall
San Francisco, CA
94102
Subject;
People
v.
Owen,
et al.
No. 830-321)
(Superior Court
Dear
Judge Wonder:
I have reviewed the
language of the Plaintiffs' proposed
Modified Preliminary Injunction, and in
particular the definition
of "high risk sexual activity" contained in the Plaintiffs'
Exhibit A.
I have adopted and do endorse the
language of that
interim definition until such time as I have had an
opportunity
to confer with the San Francisco AIDS Foundation next
month
regarding this determination.
do
the
I
respectfully
MERVYN
F.
Director
cc:
urge
this Court to
same.
All
Counsel
SILVERMAN
of Public Health
w<riwo ut
Cify Attorney
C«org« Agnott,
City Attorney
December
21,
1984
I
Hon.
Roy
bonder
Judge, Si^erior Court
Department 8
481 City Hall
San
Francisco,
Subject:
CA
94102
People
Oven,
v.
et
al.
(Superior Court No.
Dear
380-321)
Judge Wonder:
Representatives of this office
met this morning with
defendants .to review the attached
modified preliminary injunction as to form.
Two of the counsel,
Arthur Wells and Ron Foreman, have
approved the order.
At the
request of the other counsel, further adjustments were made.
However, we were unable to come to a final
agreement on what
definition of "high risk sexual
activity" should be included in
the order until the Director of Public
Health confers with the
San Francisco AIDS Foundation at their
January meeting.
counsel
for
certain of
the
The
definition we are submitting to the Court embodies the
determination of the Director of Public Health as to what
constitutes "high risk sexual
activity." Were the plaintiffs and
the Court to wait for the
completion of consultations between the
Director and the AIDS Foundation before
incorporating a
current
definition, there
would be an unnecessary and
dangerous hiatus in
enforcement of the order.
Since this decision is, under the
order, left to the Director, we are
submitting his definition for
the
the
interim period.
Mssrs. Steel, Horn and
Armstrong have indicated that they
be submitting separate letters to the
Court this afternoon
suggesting alternative language for Exhibit A of the preliminary
will
injunction.
Very truly yours.
GEORGE
AGNOST
City Attorney
PHILIP S. WARD
Chief Trial Deputy
cc:
(415) 558-3315
all
counsel
Baam 90A Dh, U-II
B
FILED
Sm Fr»nei$co County Supu'iei
Court
DEC 24 1984
,
1
t
2
3
4
SUPERIOR COURT
5
IN AND
6
FOR
THE
STATE OF CALIFORNIA
THE
OF
CITY AND
COUNTY OF
DEPARTMENT
7
SAN FRANCISCO
EIGHT
8
9
PEOPLE OF
10
ex
rel.
830-321
No.
THE STATE OF
CALIFORNIA
GEORGE AGNOST
MODIFIED
PRELIMINARY INJUNCTION
City Attorney, et al.,
Plaintiffs,
11
12
vs.
13
IMA JEAN OWEN,
14
^
,
Defendants.
15
16
IT
IS
HEREBY ORDERED
that
Defendants,
and each of them,
17
their
18
be
19
private
20
licensed to be operated as hotel
21
Part
III
22
that
those Defendant
23
parlors pursuant to Article 27 of the San Francisco Police Code
24
may
agents,
rooms
of
Francisco
San
rooms
pursuant to
Section 160 of
Municipal Code; provided, however,
establishments which
are
licensed
as
massage
allow the occupation of one and only one room per
26
of
«I02
within their premises other than those which are
the
establishment
ALU
lessees, successors and assigns
enjoined and restrained from renting or operating any and all
25
;t
employees, tenants,
giving
by
a
massages.
licensed
masseur
or masseusse
for the purpose
IT
1
FURTHER ORDERED that
IS
2
provifle employees (hereinafter,
3
sole purpose
4
monitors shall
5
number
6
following formula:
7
monitor for
8
video/movie booth arcades,
9
portion of
of observation of
survey
devoted to the sale of
11
theatres,
12
patrons;
and,
13
floor
portion of
or
14
one
In the
portion of a floor
monitor for any floor or
(c)
event
j
than areas primarily
any
operator-Defendant can submit,
perjury, competent
declaration under penalty of
16
establishing the average hourly patronage
17
that
operator-Defendant's business during the
18
p.m.
to closing for the
19
1984
and
20
provide one monitor for each twenty patrons
21
average
22
the hours
23
provide monitors according to this
24
submitting the declaration and
25
City Attorney; provided, however, that
26
objects to the declaration and moves the
on
August 31,
1984, that
evidence
hours from seven
commencing on June 1,
operator-Defendant may
according to the
particular establishment between
specified above.
An
operator-Defendant may
formula ten days after
supporting documentation to the
ST
ALC
I102
together
based upon records of
three month period
hourly patronage of the
and dates
monitors for any
floor open to patrons.
with
ending
movie
portion of a floor open to
15
a
i
other floor or
For all other Defendants, two
a
-2-
1
1
j
For the Defendant
(b)
periodicals;
:i
primarily devoted to
and one monitor for any
floor open to patrons, other
10
according to the
bookstores, one
For the Defendant
(a)
Such
minutes. The
activity on their premises.
shall be determined
each floor or
a
"monitors") for
shall
j
the exclusive and 1
the entire premises every ten
such monitors
of
each operator-Defendant
if the City Attorney
Court for
correction.
I
;
,1
'
J
i
1
the Court
shall
determine the
'plaintiffs
2
and
appropriate formula for monitors.
individual
operator-Defendants may by
3
stipu*lated order modify the number of required monitors for any
4
Defendant
establishment.
operator-Defendant shall prepare a report indicating
Each
5
6
the total
7
patrons on the premises on the odd-numbered hours from the
8
of
9
shall
number
of patrons
admitted
per
opening until the close of business.
be
served upon
day and the number of
hour
Copies of these reports
the City Attorney once per week during the
10
pendency of this preliminary injunction accompanied by a
11
declaration under penalty of
12
accuracy.
Said declarations shall be served each Tuesday no
13
later
four
14
at
15
provided, however, that these patronage reports shall not be
16
required of
17
number
18
upon
that
the
close of business
of
This
the
21
or
and shall cover the seven day period ending
any
on
the
immediately preceeding Sunday;
Defendant establishment that elects to base its
monitors upon
the fixed number formula,
rather than
the average hourly patronage formula.
19
20
p.m.
perjury attesting to their
duty
on
the part of the operator-Defendants to monitor
activity of their patrons
upon
the premises in no way limits
supersedes the authority of the Department of Public Health or
22
any
23
inspections deemed
24
/ / /
25
/ / /
26
/ / /
other authorized
agency or
individual to conduct any and all
necessary.
iT
ALL
It02
-3-
2
Director
The
1
sexuqft
activity
f
of
Public Health
having defined high risk
set forth in Exhibit A hereto,
as
-
3
ORDEIJed that Defendants shall immediately expel from the
4
any
5
activity.
premises
and all patrons observed engaging in such high risk sexual
the
In
6
that
event
the Director
of
Public Health,
in
7
conjunction with the San Francisco AIDS Foundation, determines
8
that
a
9
this
order would be
definition different
the Court
II
the
12
Foundation and the Director
13
definition,
14
shall
for
its
than that
appropriate, he
10
consideration
preliminary injunction.
15
as
a
forth
set
may
in Exhibit A of
offer such alternative to
basis
for modification
of
Should the.San Francisco AIDS
of
Public Health
fail to agree on a
the determination of the Director of Public Health
control.
Each
operator-Defendant shall prepare a report of incidents
16
where patrons
17
shall
18
expulsion.
19
names
are
describe
of
expelled pursuant to this order.
Defendants
individuals
are
not
required to obtain
21
of
22
penalty of perjury attesting to their
23
declarations
24
and
25
business
on
the
26
IT
IS
FURTHER
the City Attorney
once per
shall
cover
the
be
served"each
seven
report the
week during the pendency
preliminary injunction accompanied by
shall
or
Copies of these reports shall be
expelled.
served upon
this
The report
generally the circumstances leading to the
20
a
accuracy.
Tuesday
no
declaration under
Said
later that four p.m.
day period ending at the close of
immediately preceeding Sunday.
ORDERED
that
the doors
)T
ALL
•
IT IS FURTHER
102
-4-
to
individual
1
video/movie cubicles,
2
modined
3
least*
4
of
5
this order;
6
of
7
this
order.
8
at
time
4
follows:
as
feet
of
the bottom 39
of
less
than
inches
of
Defendants
enters
an
Should there
9
10
Defendants,
11
given
12
Plaintiffs,
13
with all
14
cure
15
Defendant
a
IT
upon
video/movie
exists in front of
the door
4
feet
shall
of
the door
upon
remedies
rooms
be
shall
ensure
that
booth,
removal
satisfy the terms of
clear
shall
a
space
exists, removal
satisfy the terms of
no
more
than
one
person
individual video/movie cubicle.
be
a
violation of
this
preliminary injunction.
written notice from the Plaintiffs,
shall be
five day opportunity to cure such violation.
shall
16
space
inches
where
or
individual video/movie cubicles where .at
for
clear
the bottom 24
a
video/movie booths
written notice to the Defendants,
allowed
Thereafter,
may
proceed
This five day opportunity to
by law.
apply only to the first violation of
any
kind at
any
establishment.
IS
FURTHER ORDERED
that
each
operator-Defendant shall
17
participate in the education of its patrons toward the prevention
18
of
19
suggested by the San Francisco AIDS Foundation.
20
/ / /
21
/ / /
22
/ / /
23
/ / /
24
25
26
high risk sexual activity including but not limited to
/ / /
/ / /
.
/ / /
>T
ALL
««02
-5-
that_
This
1
forthwith or
should the Director of Public Health
preliminary injunction
2
upon'notice
3
declare the AIDS epidemic to be
A
4
copy
by either party
posted in each room
shall be
6
establishments to
7
DATED:
terminated.
and hallway
which patrons are
December
,
Exhibit A,
of the Defendants'
including the attached
of this order,
5
shall be dissolved
admitted.
1984
8
L.
9
10
iON.
5448D
13
14
15
16
17
18
19
20
21
22
23
24
25
26
>T
ALL
4\02
ROY L.
WONDER
Jud'^e of the Superior Court
11
12
—
-6-
1
Exhibit A
2
t
HIGH RISK SEXUAL ACTIVITY
3
4
5
For
6
7
sexual
the
purposes
activity" shall
of this preliminary injunction,
"high risk
mean:
8
(a)
9
10
anus
or
The
mouth
placing of the penis of
of
one
male
on
or
one
male
on
the
into the
another mai^;
11
(b)
12
13
The
placing of the mouth of
anus
or
penis of another male;
14
15
16
(c) The
contact
of
the
feces
part of the body of another male;
or
urine of
one
male with
or,
17
18
19
(d)
anus
of
The
entry of any part of the body of one
another.
20
21
22
23
24
25
26
>T
ALL
il02
-7-
pad^
any
December
21,
1984
Hon.
Roy L. Wonder
Judge, Superior Court
Department 8
481 City Hall
San Francisco, CA
94102
Subject:
People
v.
(Superior
Dear
Owen, et al.
Court No. 830-321)
Judge Wonder:
have
I
reviewed the language of the Plaintiffs'
proposed
Preliminary Injunction, and in particular the definition
of "high risk sexual
activity" contained in the Plaintiffs'
Exhibit A.
I have adopted and do endorse
the language of that
interim definition until such time as I
have had an
opportunity
to confer with the San
Modified
Francisco AIDS Foundation next month
I
respectfully urge this Court
regarding this determination.
do
the
same.
MERVYN
F.
Director
cc:
All
Counsel
SILVERMAN
Public Health
of
to
ENDORSED
FILED
1
San Francisco County
Suporior Court
DEC 24 1984
2
DONALD W. DICKINSON, Cierk
3
BY;. Bernie Fabro
Deputy Clerk
4
SUPERIOR COURT OF THE
5
IN AND FOR THE
6
STATE
OF
CITY AND COUNTY OF
7
CALIFORNIA
SAN FRANCISCO
DEPARTMENT EIGHT
8
9
PEOPLE
OF
THE
CALIFORNIA
10
STATE
rel.
ex
OF
No.
City Attorney, ^ al.,
11
830-321
GEORGE AGNOST,
MODIFIED
PRELIMINARY INJUNCTION
Plaintiffs,
12
vs.
13
IMA
JEAN
OWEN,
14
et
al.,
Defendants.
15
16
IT
17
their
18
be
19
private
IS
HEREBY ORDERED that
agents,
employees, tenants,
enjoined and restrained
from
lessees,
renting
licensed
to
be
21
Part
III
of
the San Francisco
22
that
those Defendant
operated
as
hotel
rooms
giving
any
assigns
and all
massages.
licensed
are
pursuant to Section 160 of
establishments which
occupation of
establishment by a
of
and
successors
operating
them,
Municipal Code; provided, however,
parlors pursuant to Article 27 of the
may allow the
or
and each of
within their premises other than those which
rooms
20
23
Defendants,
one
are
licensed
San Francisco
as
massage
Police Code
and only one room per
masseur
or
masseusse
for
the purpose
1
IT
IS
FURTHER ORDERED
that
2
provide employees (hereinafter,
3
sole purpose
4
monitors
5
number
6
following formula:
7
monitor
8
video/movie booth arcades,
9
portion of
survey
each
a
floor
be
determined
for the exclusive and
11
theatres,
12
patrons;
and,
13
floor
or
portion of
In
the
monitor
(c)
For
event
a
any
Such
or
portion of
and
one
any
floor
(b)
other floor
any
other than
or
one
floor primarily devoted to
monitor for
periodicals.;
for
a
The
according to the
For the Defendant bookstores,
floor open to patrons,
devoted to the sale of
14
shall
(a)
10
one
"monitors")
the entire premises every ten minutes.
such monitors
for
operator-Defendant shall
of observation of activity on their premises.
shall
of
each
or
primarily
areas
For the Defendant movie
portion of
all other Defendants,
a
floor open to
two monitors
for
any
floor open to patrons.
operator-Defendant
can
submit,
together
15
with
16
establishing the
17
that
operator-Defendant's business during the hours from seven
18
p.m.
to closing for the three month period commencing on June 1,
l'
19
1984
and
20
provide
one
average
hourly patronage of the particular establishment between
21
a
declaration under
ending
average
on
penalty of perjury, competent evidence
hourly patronage based
August 31,
1984,
upon
records of
that operator-Defendant may
monitor for each twenty patrons according to the
22
the hours
23
provide monitors according to this formula ten days after
24
25
26
and
dates
specified above.
An operator-Defendant may
submitting the declaration and supporting documentation to the
City Attorney; provided, however, that if the City Attorney
objects to the declaration
and
moves
;t
^LL
M02
-2-
the Court
for
correction.
1
the Court
determine the
shall
Plaintiffs
2
and
appropriate formula for monitors.
individual
operator-Defendants
may
by
3
stipulated order modify the number of required monitors for any
4
Defendant
establishment.
Each operator-Defendant
5
shall prepare a report
indicating
6
the total
7
patrons on the premises on the odd-numbered hours from the hour
8
of
9
shall
number
of patrons
admitted
per
opening until the close of business.
be
served upon
day and the number of
Copies of these reports
the City Attorney once per week during the
10
pendency of this preliminary injunction accompanied by a
11
declaration under penalty of
12
accuracy.
Said declarations shall be served each Tuesday
13
later
four p.m.
14
at
15
provided, however, that these patronage reports shall not be
16
required of
17
number
18
upon
that
21
or
the
the
seven
day period ending
immediately preceeding Sunday;
Defendant establishment that elects to base its
of monitors
This
the
on
cover
no
upon
the fixed number formula,
rather than
the average hourly patronage formula.
19
20
and shall
the close of business
any
perjury attesting to their
duty
on
the part of the operator-Defendants to monitor
activity of their patrons
upon
the premises in
no
way
limits
supersedes the authority of the Department of Public Health or
22
any
23
inspections deemed
24
/ / /
25
/ / /
26
/ / /
other authorized agency
or
individual to conduct
necessary.
;t
^LL
no2
-3-
any
and all
The Director
1
2
sexual
3
ORDERED
4
any
5
activity.
activity
of
Public Health
forth in Exhibit A hereto,
set
as
having defined high risk
that Defendants
shall
IS
FURTHER
immediately expel from the premises
and all patrons observed engaging in such high risk sexual
the
In
6
that
event
the
Director
7
conjunction with the San Francisco
8
that
a
9
this
order
would be
Public Health,
AIDS Foundation,
appropriate, he
the Court
11
the
12
Foundation and the Director
13
definition,
14
shall
for
its
consideration
preliminary injunction.
15
of
definition different than that set
10
as
may
a
in
determines
forth in Exhibit A of
offer such alternative to
basis
for modification
of
Should the San Francisco AIDS
of
Public Health fail
to
agree on
a
the determination of the Director of Public Health
control.
Each operator-Defendant
16
where patrons
17
shall
18
expulsion.
19
names
are
describe
shall prepare a report of
expelled pursuant to this order.
Defendants
are
not
required to obtain
individuals expelled.
of
21
of
or
report the
22
penalty of perjury attesting to their
23
declarations
the City Attorney once per week during the pendency
preliminary injunction accompanied by
shall
The report
Copies of these reports shall be
served upon
this
incidents
generally the circumstances leading to the
20
and
IT
shall
cover
the
be
served
seven
each
a
accuracy.
Tuesday
no
declaration under
Said
later that four p.m.
day period ending at the close of
business
on
the
IT
IS
FURTHER ORDERED
immediately preceeding Sunday.
that
the doors
-4-
to
individual
1
video/movie cubicles,
2
modified
3
least
4
of
5
this
6
of
7
this
order.
8
at
time enters
4
feet
of
clear
order;
where
the bottom 39
a
10
Defendants,
inches
Defendants
11
given
12
Plaintiffs,
13
with all
14
cure
15
Defendant
16
a
upon
remedies
rooms
an
be
exists in front of a booth, removal
shall satisfy the terms of
shall
removal
shall satisfy the terms of
of the door
ensure
that
no
more
than one person
individual video/movie cubicle.
a
violation of this preliminary
injunction.
written notice from the Plaintiffs, shall be
five day opportunity to cure such violation.
Thereafter,
written notice to the Defendants, may proceed
allowed
This five day opportunity to
by law.
apply only to the first violation of any kind at any
shall
IT
upon
video/movie
less than 4 feet of clear space exists,
Should there be
9
space
inches of the door
the bottom 24
or
individual video/movie cubicles where at
for
follows:
as
video/movie booths
establishment.
IS
FURTHER ORDERED
that
each
operator-Defendant shall
17
participate in the education of its patrons toward the prevention
18
of
high risk sexual activity including but not limited to that
,
f
19
suggested by the San Francisco AIDS Foundation.
20
/ / /
21
/ / /
22
/ / /
23
/ / /
/ / /
/ / /
/ / /
-5-
This
1
preliminary injunction shall be dissolved forthwith
notice by either party should the Director of Public Health
2
upon
3
declare
4
A
the AIDS
copy
shall
6
establishments
be
epidemic to be terminated.
of this order,
5
posted in each
DATED:
7
to
including the attached Exhibit A,
room
and hallway of the Defendants'
which patrons
December
,
are
1984
8
9
10
11
12
5448D
13
14
15
16
17
18
19
20
21
22
23
24
25
26
'^LL
I102
or
-6-
admitted.
1
Exhibit A
2
HIGH RISK SEXUAL ACTIVITY
3
4
INTERIM
DEFINITION
5
For
6
7
sexual
the purposes
activity" shall
of this preliminary injunction,
"high risk
mean:
8
(a)
9
10
anus
or
The
mouth
placing of the penis of
of
another
one
male
on
or
into the
male;
11
(b)
12
13
The placing of the mouth of one male on the anus
or
penis of another male;
14
(c)
15
16
The contact of the feces
part of the body of another male;
or
urine of
one
male with any
or,
17
18
19
(d)
anus
of
The entry of any part of the body of one male
another.
20
21
22
23
24
25
26
5T
ALL
«t02
-7-
into the