News Vendor Loses Bid to Bar Prosecution
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A Ventura Superior Court judge Friday denied a request for a temporary restraining order sought by a Simi Valley distributor of sex-oriented newspapers to prevent the city from prosecuting him for failing to partially cover his news racks.
Judge Bruce Thompson denied the request by newspaper distributor Arthur Fishel, who has been charged with seven misdemeanor counts of failing to abide by the city’s so-called “blinder” ordinance. The ordinance requires that the bottom two-thirds of each news rack displaying sexually oriented publications be covered to protect minors.
Donald W. Cook, Fishel’s attorney, had argued that the ordinance is unconstitutional. The judge disagreed.
Fishel’s trial is scheduled Tuesday in Ventura Municipal Court.
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