Mitchell v. Commission on Adult Entertainment Establishments of Delaware

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This is an appeal from a denial of a motion for an award of costs under 42 U.S.C. § 1988. Those costs were incurred in a suit involving a constitutional challenge to Delaware’s Adult - Entertainment Establishments Act (“the Act”), Del.Code Ann. tit. 24, §§ 1601-1629 (1987).

I

The appellants are Bob’s Discount Adult Books, Inc. and Francis R. Mitchell (“Mitchell”). The appellees are the Commission on Adult Entertainment Establishments of the State of Delaware (“the Commission ’), a statewide agency of the state, Charles M. Oberly, III (“Oberly”), in…