HomeMy WebLinkAbout87-4-299044
V
ORDINANCE NO. 87-4-2990
AN.ORDINANCE AUTHORIZING THE CITY TREASURER TO PAY THE SUM OF
$15,798.38 TO FREELAND,..GLANVILLE AND MEGIBOW FOR COURT AWARDED
ATTORNEYS.FEES
WHEREAS, the City of Paducah adopted an ordinance declaring
businesses which distribute obscene material to be a public nuisance;
and
WHEREAS, Investment Entertainment,.Inc. and Beltline News &
Arcade Club, Inc.. filed suit against the City, asking to have said
ordinance declared unconstitutional; and
WHEREAS, the United States District Court determined that
portions of the ordinances of the City of Paducah were
unconstitutional; and
WHEREAS, that Decision was upheld by the Sixth Circuit Court
of Appeals and the United States Supreme Court; and
WHEREAS, the United States District Court has awarded
Freeland, Glanville and Megibow, attorney for Investment Entertainment,%
Inc. and Beltline News and.Arcade Club; -Inc ; pursuant.to 42 U.S.C.,
Section 1988, attorneys fees and extraordinary costs in the amount of
$15,798.38, by Order dated March 17, 1987; and
WHEREAS, the Board of Commissioners feels that further
litigation of this matter would be fruitless and cost the City
additional monies in attorneys fees and court costs.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That the City Treasurer be authorized to pay to
Freeland, Glanville and Megibow the sum of $14,664.38 as attorneys fees
and extraordinary printing costs of $1,134.00, for a total of
$15,798.38, per Order of the United States District Court for the
Western District of Kentucky, dated March 17, 1987.
SECTION 2. This expenditure shall be charged to Account No.
10-500-150-445.
45
SECTION 3. In order to comply with the Order of the United
States District Court, an emergency is hereby declared to exist, and
this ordinance shall be .effective upon one reading and publication of a
certified summary.
JOE VITERISI
Mayor
Introduced and adopted by the Board of Commissioners
April 14, 1987
Recorded by Lenita Smith, City Clerk, April 14, 1987
Published by*The Paducah Sun April,20, 1987.