
    Dyke SPEAR, D/B/A Broadway Productions v. STATE of Louisiana and City of Lake Charles.
    No. 61681.
    Supreme Court of Louisiana.
    Feb. 27, 1978.
   In re: Dyke Spear, d/b/a Broadway Productions applying for writ of review and stay order. Calcasieu Parish.

Writ granted. Failing to have seen the play “Oh! Calcutta,” the trial judge erred in granting a preliminary injunction; accordingly, it is ordered that the injunction be vacated and set aside. See La.R.S. 14:106, La.R.S. 13:4711 et seq.

SANDERS, C. J.,

dissents from the granting of the writ. Obscenity is tested by a community standard. The showing made is insufficient to justify disturbing the ruling of the trial judge.

SUMMERS, J.,

dissents. Based upon the community standards the trial judge in that community found “Oh! Calcutta!” to be an exhibition of hard core sexual conduct. In doing so he applied the requirements established by law. I therefore dissent from the granting of this writ and would not disturb the ruling of the trial judge. This court’s action is taken without a review of the evidence.  