Legal Opinion

Recreational Developments of Phoenix, Inc. v. City of Phoenix

District Court, D. Arizona

Decided August 23, 1999No. 99-18-PHX-ROSPublishedCited by 10 opinions

1Opinion of the Court

ORDER

SILVER, District Judge.

This case presents a pre-enforcement challenge to an ordinance passed by Defendant City of Phoenix regulating businesses the ordinance refers to as “live sex businesses.” Phoenix, AZ Code § 23-54 (1998). Pending are a Motion for a Preliminary Injunction filed by Plaintiffs, who are owners and members of businesses in which live sex acts occur (“the clubs”), and a Motion to Dismiss filed by Defendant.

FACTUAL BACKGROUND

On December 9, 1998, the Phoenix City Council enacted § 23-54 of the Phoenix City Code, which states that “[t]he operation of a business for purposes…

2Cases cited81 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  3. Roe v. WadeSupreme Court of the United States · 1973
  4. Elrod v. BurnsSupreme Court of the United States · 1976
  5. Grayned v. City of RockfordSupreme Court of the United States · 1972

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3Cited by10 opinions

  1. Town of Flower Mound v. Stafford Estates Ltd. PartnershipCourt of Appeals of Texas · 2002
  2. Mutschler v. City of PhoenixCourt of Appeals of Arizona · 2006
  3. State v. StevensSupreme Court of Iowa · 2006
  4. 832 CORP. INC. v. Gloucester Tp.District Court, D. New Jersey · 2005
  5. Taverns for Tots, Inc. v. City of ToledoDistrict Court, N.D. Ohio · 2004

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