Legal Opinion
Keego Harbor Co. v. City of Keego Harbor
Court of Appeals for the Sixth Circuit
Decided August 12, 1981No. 81-1095PublishedCited by 47 opinions
1Opinion of the Court
MERRITT, Circuit Judge.
Plaintiff, Keego Harbor Company, challenges under the First and Fourteenth Amendments the constitutionality of a zoning ordinance of the City of Keego Harbor that prohibits “adult” movie theatres in the town. The District Court upheld the constitutionality of the ordinance. We reverse because the town has not met its burden of justifying the restrictions on protected speech. The ordinance therefore abridges the First Amendment.
I
Land use in Keego Harbor is governed by a comprehensive zoning ordinance that designates several different activities, such as drive-in…
2Cases cited6 opinions
- United States v. O'BrienSupreme Court of the United States · 1968
- Schneider v. State (Town of Irvington)Supreme Court of the United States · 1939
- Young v. American Mini Theatres, Inc.Supreme Court of the United States · 1976
- Carey v. BrownSupreme Court of the United States · 1980
- Schad v. Borough of Mount EphraimSupreme Court of the United States · 1981
1 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- George Basiardanes v. City of GalvestonCourt of Appeals for the Fifth Circuit · 1982
- Lakewood, Ohio Congregation of Jehovah's Witnesses, Inc. v. City of Lakewood, OhioCourt of Appeals for the Sixth Circuit · 1983
- Kuzinich v. County of Santa ClaraCourt of Appeals for the Ninth Circuit · 1982
- DLS, Inc. v. City of ChattanoogaCourt of Appeals for the Sixth Circuit · 1997
- Grand Faloon Tavern, Inc. v. Robert Wicker, Etc.Court of Appeals for the Eleventh Circuit · 1982
42 more not listed; retrieve them via the Exa API.