Legal Opinion

Birkenshaw v. Haley

District Court, E.D. Michigan

Decided April 26, 1974No. Civ. A. 4-71302PublishedCited by 6 opinions

1Opinion of the Court

OPINION ON MOTION FOR PRELIMINARY INJUNCTION

KAESS, Chief Judge.

The Court is herein confronted with a constitutional attack upon a local ordinance which purports to prohibit “topless”, and “bottomless”, human exposure and “obscene live conduct”. The matter is presently considered in the context of a Motion for Preliminary Injunction. Plaintiff attacks the ordinance on its face.

There is no serious dispute as to the facts. The plaintiff operates a bar' in the Village of Emmett, St. Clair County, Michigan, under a Class B-Hotel License of the Michigan Liquor Control Commission, with a…

2Cases cited40 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. United States v. O'BrienSupreme Court of the United States · 1968
  3. Connally v. General Construction Co.Supreme Court of the United States · 1926
  4. Miller v. CaliforniaSupreme Court of the United States · 1973
  5. Steffel v. ThompsonSupreme Court of the United States · 1974

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3Cited by6 opinions

  1. Olson v. City of West FargoNorth Dakota Supreme Court · 1981
  2. Glen Theatre, Inc. v. Civil City of South BendDistrict Court, N.D. Indiana · 1988
  3. Swope v. LubbersDistrict Court, W.D. Michigan · 1983
  4. Curtis v. City of SeattleWashington Supreme Court · 1982
  5. Curtis v. City of SeattleWashington Supreme Court · 1982

1 more not listed; retrieve them via the Exa API.

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