Randall E. Lanier v. City of Newton, Alabama, Etc., Chief of Police in His Official Capacity of the City of Newton, Etc.
Court of Appeals for the Eleventh Circuit
Non-Argument Calendar.
1Opinion of the Court
KRAVITCH, Circuit Judge:
Randall E. Lanier brought this civil rights action under 42 U.S.C. §§ 1983, 1985 against the City of Newton, Alabama (the City) and the Police Chief of Newton in his official capacity. Lanier sought injunctive and declaratory relief, damages, and attorney’s fees based upon appellees’ enforcement of an ordinance barring topless dancing in establishments dealing in alcoholic beverages. The district court dismissed the suit, holding that, as the State of Alabama had not preempted the city’s power to regulate the sale of alcohol in this fashion, and as the ordinance was…
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