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Postscript Enterprises, Inc. v. Donald H. Whaley, Clarence T. Hunter, Suzanne Hart, John A. Schicker, Eugene Camp, Capt. Earl Halveland, Sgt. Vincent Stehlin

Citations: 658 F.2d 1249; 1981 U.S. App. LEXIS 17793Docket: 80-1987

Court: Court of Appeals for the Eighth Circuit; September 14, 1981; Federal Appellate Court

Narrative Opinion Summary

In this case, Postscript Enterprises, Inc. appealed a district court ruling that upheld a municipal ordinance in St. Louis restricting the sale of contraceptives and 'sex-inciting devices' to licensed professionals. The appellant claimed the ordinance violated constitutional rights to privacy, free speech, and was unconstitutionally vague. The district court sided with the city, viewing the ordinance as a valid exercise of police power. However, the Eighth Circuit Court reversed this decision, emphasizing that the ordinance infringed upon the constitutional right to privacy regarding contraceptive choices and was unconstitutionally vague due to its ambiguous language concerning 'sex-inciting devices.' The court noted that the appellant had standing, as it faced direct injury from the ordinance and could assert the rights of its customers. Although the court did not address all constitutional challenges, it highlighted the ordinance’s failure to meet compelling state interest standards as mandated by precedent cases like Carey v. Population Services International. Consequently, the ordinance was declared unconstitutional, and the court declined to address the severability of its provisions but acknowledged the problematic vagueness and potential for arbitrary enforcement.

Legal Issues Addressed

Constitutional Right to Privacy in Contraceptive Choices

Application: The Eighth Circuit Court determined that the St. Louis ordinance infringes on the constitutional right to privacy regarding contraceptive choices and declared the ordinance's limitations on contraceptives unconstitutional.

Reasoning: The court concludes that the right to privacy protected under the Fourteenth Amendment encompasses an individual's ability to make contraceptive choices, and any access restrictions must meet compelling state interests.

Severability of Legislative Provisions

Application: The court refrained from deciding the severability issue, but noted that if provisions are interdependent, they must either all stand or fall together.

Reasoning: The test for severability of laws is consistent across federal and Missouri state courts. If provisions are interdependent, they must either all stand or fall together.

Standing to Challenge Ordinances

Application: Postscript Enterprises was recognized as having standing to challenge the ordinance because it faced direct injury due to the ordinance's restrictions and could assert rights on behalf of its customers.

Reasoning: The court affirmed that Postscript Enterprises had standing to challenge the ordinance, as it could assert rights on behalf of its customers and faced direct injury due to the ordinance's restrictions.

Vagueness Doctrine under Due Process Clauses

Application: The ordinance was found unconstitutionally vague as the term 'sex-inciting devices or contrivances' lacked clear definitions, leading to potential arbitrary enforcement and failing to provide individuals with clear notice of what constitutes lawful behavior.

Reasoning: The court finds that the ordinance is unconstitutionally vague, violating the Due Process Clauses of the Fifth and Fourteenth Amendments, which require laws to provide clear notice of prohibitions and standards for enforcement to avoid arbitrary application.