Legal Opinion

Colacurcio v. City of Kent

Court of Appeals for the Ninth Circuit

Decided December 8, 1998No. 96-36197PublishedCited by 97 opinions

1Opinion of the Court

Opinion by Chief Judge HUG; Dissent by Judge REINHARDT.

HUG, Chief Judge:

In this case we examine whether the district court was correct in concluding as a matter of law that the City of Kent’s ordinance, which requires nude dancers to perform at least ten feet from patrons, does not violate the First Amendment of the United States Constitution. Appellants, who planned to open a nightclub featuring nude dancing on stage and personalized table dancing, argue that the ten-foot distance requirement amounts to a complete ban on table dancing, which they allege is a unique form of expression…

2Cases cited40 opinions

  1. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  2. United States v. O'BrienSupreme Court of the United States · 1968
  3. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  4. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
  5. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976

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3Cited by97 opinions

  1. McTernan v. City of York, Pa.Court of Appeals for the Third Circuit · 2009
  2. Menotti v. City of SeattleCourt of Appeals for the Ninth Circuit · 2005
  3. American Civil Liberties Union v. City of Las VegasCourt of Appeals for the Ninth Circuit · 2006
  4. Clark v. City of LakewoodCourt of Appeals for the Ninth Circuit · 2001
  5. Hilton v. Hallmark CardsCourt of Appeals for the Ninth Circuit · 2010

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