MICHIGAN EX REL WAYNE CTY. PROSECUTING ATTORNEY v. Duck

After reviewing the whole record, I dissent from the majority opinion affirming the circuit court’s injunctive orders.

At the conclusion of the trial, the circuit court ordered the lap dancing and assignations abated, but declined to hold nude dancing or the masturbatory activity done for hire in the Fantasy Room abatable activity. In subsequent proceedings, the court also declined to hold defendants in contempt for continuing the lap dancing. Instead, the court amended its previous order to prohibit lap dancing where "the main purpose of contact is for masturbation of the male penis.” The…