City of Wichita v. Wallace

The opinion of the court was delivered by

Allegrucci, J.:

This is an appeal by the City of Wichita (City) from the district court’s holding that an ordinance enacted by the City to regulate erotic dance studios was void because it was unconstitutionally vague.

The defendant, Bobbie L. Wallace, was found guilty in Wichita Municipal Court of operating an exotic dance studio between midnight and 6:00 a.m., in violation of Wichita, Kan., Code § 3.06.140 (1987). Defendant filed a timely notice of appeal to Sedgwick County District Court. The parties stipulated to the following facts, which were the…