Dorothy Ann WHITE, Plaintiff-Appellee, v. John FLEMING, City Attorney for the City of Milwaukee, Wisconsin, Defendant-Appellant

TONE, Circuit Judge.

Before us in this appeal is the constitutionality of a Milwaukee ordinance which prohibits female employees of “Class B” taverns from sitting with male patrons or from sitting or standing at or behind the bar. The District Court held the ordinance unconstitutional. We affirm the judgment.

In her complaint plaintiff alleges that she is by occupation an entertainer and that she was “charged with the offense of sitting with a male patron in violation of section 90-25 of the Milwaukee Code of Ordinances.” Naming as defendants the Milwaukee City Attorney, the state judge before…