Legal Opinion

Faraone v. City of East Providence

District Court, D. Rhode Island

Decided April 9, 1996No. CA 95-642MLPublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM

LISI, District Judge.

This matter is before the court on plaintiffs motion for a preliminary injunction. Plaintiff, Joseph Faraone, d/b/a Five Star Video, alleges that a license “stipulation” adopted by the East Providence City Council, which prohibits the sale or rental of “any adult oriented x-rated videos on Sundays or Holidays,” is preempted by state law and violates the First Amendment of the United States Constitution. The defendant, the city of East Providence, counters that the restriction placed on all Sunday/holiday sales licenses is permissible under state law and is a…

2Cases cited17 opinions

  1. Elrod v. BurnsSupreme Court of the United States · 1976
  2. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  3. R. A. v. v. City of St. PaulSupreme Court of the United States · 1992
  4. City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
  5. Turner Broadcasting System, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1994

12 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Z.J. Gifts D-2, L.L.C. v. City of AuroraCourt of Appeals for the Tenth Circuit · 1998
  2. Wil-Kar, Inc. v. Village of GermantownDistrict Court, E.D. Wisconsin · 2001
  3. Executive Arts Studio, Inc. v. City of Grand RapidsDistrict Court, W.D. Michigan · 2002

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API