Frank D. Felix D/B/A Club Zeus v. Coleman A. Young, Mayor, City of Detroit

I respectfully dissent from the majority’s decision holding the challenged ordinance to be facially constitutional under the Twenty-first Amendment.

In California v. LaRue, 409 U.S. 109, 93 S.Ct. 390, 34 L.Ed.2d 342 (1972), the Supreme Court considered regulations issued by the California Department of Alcoholic Beverage Control that prohibited performances by male or female entertainers that partook “more of gross sexuality than of communication.” 409 U.S. at 109, 93 S.Ct. at 391. The portions of the regulations held facially constitutional by the Supreme Court prohibited the following kinds…