Koppinger v. City of Fairmont

Heard and considered en banc.

Kelly, Justice.

Plaintiff, Matthew Koppinger, owner and operator of the Safari Lounge in the city of Fairmont, Minnesota, appeals from a judgment dismissing his attempt to have a certain ordinance of that city declared unconstitutional on its face. We reverse.

Plaintiff, who owns a 3.2 beer bar and adjoining bowling alley, employs male and female performers to dance to accompanying prerecorded music for the entertainment of customers in his 3.2 beer establishment. Female performers often dance topless or completely nude. Male performers on occasion have danced…