Discotheque, Inc. v. City Council

Carley, Justice.

Appellee-defendant City Council passed a municipal ordinance regulating adult entertainment on premises which were licensed to sell, serve or dispense alcoholic beverages. Contending that the ordinance was unconstitutional, appellant-plaintiffs brought suit to enjoin its enforcement. The trial court granted summary judgment in favor of appellee, upholding the constitutionality of the ordinance. Appellants appeal from that grant of summary judgment.

A legislative restriction on adult entertainment must satisfy a tripartite test in order to comport with the free speech guarantees…