Legal Opinion

Ellwest Stereo Theatres, Inc. v. Wenner

Court of Appeals for the Ninth Circuit

Decided July 23, 1982No. 80-5732PublishedCited by 49 opinions

1Opinion of the Court

SCHROEDER, Circuit Judge.

Appellant Ellwest Stereo Theatres (“Ell-west”) operates a Phoenix, Arizona movie arcade in which members of the public pay to view sexually explicit films in booths. Ellwest brought suit challenging the constitutionality of a City of Phoenix ordinance requiring that the viewing areas of booths in which coin operated viewing devices are located be visible from a continuous main aisle. On the basis of stipulated facts, the district court held that the ordinance was a reasonable regulation of the operation of theaters not based upon the content of the films shown, and…

2Cases cited30 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Rakas v. IllinoisSupreme Court of the United States · 1979
  3. Grayned v. City of RockfordSupreme Court of the United States · 1972
  4. Griswold v. ConnecticutSupreme Court of the United States · 1965
  5. Grayned v. City of RockfordSupreme Court of the United States · 1972

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3Cited by49 opinions

  1. Gary D. Swank v. James SmartCourt of Appeals for the Seventh Circuit · 1990
  2. Kev, Inc. v. Kitsap County and the Honorable Ray Aardal and John Horsley, County Commissioners of Kitsap, Etc.Court of Appeals for the Ninth Circuit · 1986
  3. Fantasyland Video, Inc. v. County of San DiegoCourt of Appeals for the Ninth Circuit · 2007
  4. FW/PBS, Inc. v. City of DallasCourt of Appeals for the Fifth Circuit · 1988
  5. N.W. Enterprises, Inc. v. City of HoustonDistrict Court, S.D. Texas · 1998

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