People v. Wehnke

OPINION OF THE COURT

Daniel C. Wilson, J.

The defendants’ attorney in this matter has moved the court for an order dismissing the information herein upon the basis that Local Law No. 3 of 1971 of the City of Rome, regulating topless entertainment, is unconstitutional on its face, and for certain other specified relief.

Michael Wehnke has been charged with a violation of the City Charter of the City of Rome upon the basis that he permitted topless entertainment at a premises known as the Candy Store Restaurant, 207 South James Street, Rome, New York, on November 5, 1980. The defendant Donna M.…