The City of Ann Arbor sued to closed Danish News, which was violating local zoning ordinances by operating an adult bookstore on N Fourth Ave.

The Ann Arbor City Attorney filed a "motion for arrest for contempt". The motion contained a prayer for the arrest of Shoultes for "his contemptuous disregard of the June 28, 1982, order of this Court set out in the attached affidavit". The affidavit of a Robert Flynn recites that on August 23, 1982, and August 24, 1982, the premises at 209 North Fourth Avenue in Ann Arbor were visited. Two signs were observed in the window which read, "Re-Opening In Violation Of Court Order" and "We will be reopening this store on August 23 at 12 o'clock noon". Shoultes was observed on the premises. The affiant viewed booths on the premises and was advised that "the peep shows would not be installed until the evening of August 24, 1982, and that within a few days the business would be selling a full line of the latest `hard core' films". Affiant purchased five magazines and two books, viewed the covers and titles of other magazines 231 and books and concluded that the majority of the products available for purchase consisted of books and magazines which were "charactered by their emphasis on portrayals of human genitals and pubic regions or acts of human masturbation, sexual intercourse, or sodomy".