Legal Opinion
Fleck and Associates, Inc., an Arizona Corporation v. Phoenix, City Of, an Arizona Municipal Corporation
Court of Appeals for the Ninth Circuit
Decided December 22, 2006No. 05-15293PublishedCited by 117 opinions
1Opinion of the Court
D.W. NELSON, Senior Circuit Judge:
This is a challenge, based on the constitutional right of privacy, to an ordinance prohibiting the operation of “live sex act” businesses in Phoenix, Arizona (“Phoenix” or “the city”). Appellant Fleck and Associates, Inc. (“Fleck”) runs such an establishment and appeals the district court’s order dismissing its complaint with prejudice. 1 The district court correctly determined Fleck lacked standing to assert any cognizable privacy rights under the allegations in its complaint. However, the court improperly proceeded to reach the merits of the underlying…
2Cases cited21 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Warth v. SeldinSupreme Court of the United States · 1975
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Planned Parenthood of Southeastern Pa. v. CaseySupreme Court of the United States · 1992
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3Cited by117 opinions
- Carrico v. City and County of San FranciscoCourt of Appeals for the Ninth Circuit · 2011
- McCollum v. California Department of Corrections & RehabilitationCourt of Appeals for the Ninth Circuit · 2011
- Rhoades v. Avon Products, Inc.Court of Appeals for the Ninth Circuit · 2007
- Fellowship of Christian Athletes v. San Jose Unified School District Board of EducatioCourt of Appeals for the Ninth Circuit · 2023
- University of Pittsburgh v. Varian Medical Systems, Inc.Court of Appeals for the Federal Circuit · 2009
112 more not listed; retrieve them via the Exa API.