Nicholas A. Iacobucci, D/B/A Talk of the Town v. City of Newport, Kentucky

I concur in the opinion of the majority as to the affirmance of the lower court’s judgment relative to the fingerprinting ordinance. I respectfully dissent, however, to that portion of the majority decision holding that Ordinance No. 0-82-85 prohibiting nude or nearly nude activity does not come under the rationale of New York State Liquor Auth. v. Bellanca, 452 U.S. 714, 101 S.Ct. 2599, 69 L.Ed.2d 357 (1981). The majority concludes that the ordinance must stand or fall under the city’s authority under the police power and has remanded for such a determination.

Ordinance No. 0-82-85 provides…