## Facts

- The Attorney General, on behalf of the Commonwealth, filed an equity action to stop a widely advertised professional prizefight scheduled in Louisville’s “Auditorium.”
- The bout was to feature Terry McGovern and Young Corbett, promoted by the Southern Athletic Club, with managers and the venue owner participating in arranging the event.
- The petition alleged the fight would be conducted under the Marquis of Queensberry rules, with 4,000-seat capacity, ticket prices of $5–$20, and a $10,000 purse for the fighters.
- The Commonwealth alleged the event would draw large crowds including disorderly persons and criminals, likely causing breaches of the peace and producing a demoralizing effect on public order and welfare.
- The Commonwealth asserted criminal prosecution would be inadequate because it would occur only after the event and could not prevent the anticipated public injury.
- The trial court issued a temporary restraining order but ultimately dismissed the petition and refused a permanent injunction.
- The Commonwealth appealed.

## Issues

1. Whether a proposed professional prizefight, prohibited by Kentucky law, may be enjoined in advance as a public nuisance in a suit brought by the Commonwealth through the Attorney General.
2. Whether equity may grant injunctive relief against conduct that is criminal when the threatened injury to public peace, order, and morals is prospective and criminal prosecution is an inadequate remedy.

## Decision

- The appellate court reversed the judgment dismissing the petition.
- The court held the planned prizefight constituted both a crime and a public nuisance.
- The court held equity had jurisdiction to restrain the threatened nuisance at the suit of the Commonwealth.
- The court directed that an injunction issue to prevent the prizefight.

## Legal Principles

- Equity generally does not restrain conduct merely because it is criminal, but it may enjoin criminal conduct when the conduct also constitutes a public nuisance threatening public rights or welfare.
- A threatened public nuisance may be restrained in advance when legal remedies, including criminal prosecution after the fact, are inadequate to prevent irreparable injury to the public.
- The Commonwealth, acting through the Attorney General, may sue in equity to abate or prevent a public nuisance affecting the community at large.
- Injunctive relief may properly run against those who would stage the nuisance and those who facilitate it, including promoters and venue owners.

## Conclusion

The court concluded that a large, public, professional prizefight forbidden by law could be stopped by injunction because it threatened public peace and morals as a public nuisance and because post-event criminal prosecution would not adequately prevent the anticipated community-wide harm.


Commonwealth v. McGovern, 25 Ky. L. Rptr. 411 (Ky. Ct. App. 1903)