The opinion of the court was delivered by: SIMMONS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND NOW, to wit, this 25th day of April, 1984, in aid and support of the accompanying written Opinion and the previously rendered Bench Opinion, this Court makes the following specific Findings of Fact and Conclusions of Law:
1. The American Civil Liberties Union, Greater Pittsburgh Chapter, Inc., is a non-profit organization, chartered in the Commonwealth of Pennsylvania and is dedicated to the preservation of constitutional rights.
2. The named plaintiffs, Samuel Moore, Barbara Paull and Daniel Milberg, are residents of the City of Pittsburgh who have purchased Hustler magazine on previous occasions and have a continuing interest and desire to purchase the same.
4. Defendant Richard S. Caliguiri is the Mayor of the City of Pittsburgh.
5. On April 17, 1984, defendant Mayor Caliguiri directed a letter to the attention of all magazine and news dealers urging that they cease selling and immediately remove the 1984 Easter edition of Hustler magazine from their shelves and return the magazine to the publisher or distributor.
6. In addition, the defendant Mayor's letter threatened "a massive sweep of all newsstands and stores and the initiation of criminal proceedings under state or local obscenity laws against all vendors who persist in selling [the 1984 Easter edition of Hustler ] magazine."
7. At no time prior to the issuance of the defendant Mayor's letter had the defendant City sought a judicial determination, before a proper judicial tribunal, on the issue of whether the 1984 Easter edition of Hustler magazine violated state or local obscenity laws.
8. Before the issuance of the defendant Mayor's letter, copies of the 1984 Easter edition of Hustler magazine could be obtained from magazine vendors within and from without the defendant City of Pittsburgh.
9. Immediately after the issuance of the defendant Mayor's letter, no copies of the 1984 Easter edition of Hustler magazine could be obtained within the defendant City, but they could be obtained outside the defendant City.
10. As a direct and proximate result of the directives contained in the defendant Mayor's letter, magazine vendors in the defendant City of Pittsburgh ceased and desisted from selling, circulating and distributing the 1984 Easter edition of Hustler magazine.
11. Defendant City police officers were dispatched to magazine vendors throughout the City both before and after the issuance of the defendant Mayor's letter to determine first, the availability of the 1984 Easter edition of Hustler magazine and ...