Salem Inn, Inc., and M & L Rest. Inc. v. Louis J. Frank, Individually and as Police Commissioner of Nassau County

OAKES, Circuit Judge:

The Town of North Hempstead, New York, has had several problems in its efforts to suppress “topless” dancing. The Town originally adopted an ordinance banning such dancing in “any public place.” A preliminary injunction issued to prevent enforcement of the ordinance, and the injunction was upheld both by our court, Salem Inn, Inc. v. Frank, 501 F.2d 18 (2d Cir. 1974), and by the Supreme Court in Doran v. Salem Inn, Inc., 422 U.S. 922, 95 S.Ct. 2561, 45 L.Ed.2d 648 (1975). A month after our court’s decision North Hempstead abandoned its first ordinance in favor of a…