Cohen v. City of Daleville, Ala.

MEMORANDUM OPINION

MYRON H. THOMPSON, District Judge.

Plaintiff Jerome Cohen, a public purvey- or of sexually explicit videotapes in Dale-ville, Alabama, has brought this lawsuit under 42 U.S.C.A. § 1983, charging that the city’s recent decision to revoke his business license constitutes a ‘prior restraint,’ in violation of the first amendment to the United States Constitution. Cohen has sued the City of Daleville, its mayor, and the members of its city council. Based on evidence presented at a nonjury trial, the court concludes that the city’s decision constitutes an impermissible prior…