MDK, Inc. v. Village of Grafton

DECISION AND ORDER

ADELMAN, District Judge.

Plaintiff MDK, Inc. (“MDK”) brings this action under 42 U.S.C. § 1983 alleging that defendant Village of Grafton’s ordinance regulating sexually oriented businesses, Ch. 9.35, is facially invalid under the First Amendment. Plaintiff contends that the ordinance effectively prohibited it from offering erotic dancing at a tavern that it owned in the Village and that as a result it is entitled to damages. Before me now are the parties’ cross-motions for summary judgment on the issue of liability. 1

I. THE ORDINANCE

Under Ch. 9.35, “sexually oriented…