Legal Opinion
Doctor John's, Inc. v. City of Roy, Utah
District Court, D. Utah
Decided September 7, 2004No. 1:03-cr-00081PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION DENYING MOTIONS FOR SUMMARY JUDGMENT
CASSELL, District Judge.
The parties are before the court on cross-motions for summary judgment. The court finds that the Roy City Ordinance § 17-5 regulating sexually oriented businesses does not violate the First Amendment and that the Doctor John’s store located in Roy is subject to the provisions of the Ordinance. As such, summary judgment in favor of the City is hereby GRANTED.
BACKGROUND
Plaintiff, Doctor John’s Inc., currently operates about ten stores in the United States selling a variety of merchandise including lingerie, swim…
2Cases cited23 opinions
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- United States v. O'BrienSupreme Court of the United States · 1968
- FW/PBS, Inc. v. City of DallasSupreme Court of the United States · 1990
- Babbitt v. United Farm Workers National UnionSupreme Court of the United States · 1979
- City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
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3Cited by4 opinions
- Doctor John's, Inc. v. City of RoyCourt of Appeals for the Tenth Circuit · 2006
- Doctor John's v. WahlenCourt of Appeals for the Tenth Circuit · 2008
- NEW ALBANY DVD, LLC v. City of New Albany, IndianaDistrict Court, S.D. Indiana · 2005
- Abilene Retail v. Board of Com'rs of Dickinson Cy.District Court, D. Kansas · 2005