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A hearing was held on November 4. The District Court took evidence as to and the play's content, and respondent Conrad gave the following account of the board's decision: "We use the general terminology in turning down the request for its use that we and felt it was not in the best interest of the community and I can't speak beyond that. That was the board's determination. Now, I would have to speak for myself, the policy to which I would refer, as I mentioned, and basically indicates that we will, as a board, allow those productions which are clean and healthful and culturally uplifting, or words to that effect. They are quoted in the original dedication booklet of the Memorial Auditorium." The court denied preliminary relief.... Southeastern some weeks later pressed for a permanent injunction permitting it to use the larger auditorium, rather than the Tivoli, on Sunday, April 9, 1972. The District Court held three days of hearings beginning April 3. On the issue of obscenity, presented to an advisory jury, it took evidence consisting of the full script and libretto, with production notes and stage instructions, a recording of the musical numbers, a souvenir program, and the testimony of seven witnesses who had seen the production elsewhere.
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