Tuesday, September 24, 2013
A limited liability corporation that owns an Alququerque art filmhouse had its criminal conviction for an ordinance violation arising from a film festival ("Pornotopia") that showed at least one adult film reversed by the New Mexico Supreme Court.
The court concluded that a weekend of pornographic films does not make the theatre an "adult amusement establishment" any more than serving martinis on a single weekend makes a bar a "Martini Bar." The court quotes a Wisconsin case for this proposition.
The governing legal principle:
One weekend of erotic films per year does not an adult theatre make.