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BEN'S BAR, INC. v. VILLAGE OF SOMERSET

No. 01-4351.

316 F.3d 702 (2003)

BEN'S BAR, INC., Plaintiff-Appellant, v. VILLAGE OF SOMERSET, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 17, 2003.

Attorney(s) appearing for the Case

Matthew A. Biegert (argued), Doar, Drill & Skow, New Richmond, WI, for Plaintiff-Appellant.

Ted Waskowski, Meg Vergeront (argued), Stafford Rosenbaum, Madison, WI, for Defendant-Appellee.

Before FLAUM, Chief Judge, and WOOD, Jr. and MANION, Circuit Judges.

MANION, Circuit Judge.

Ben's Bar, Inc. operates a tavern in the Village of Somerset, Wisconsin, that formerly served as a venue for nude and semi-nude dancing. After the Village enacted an ordinance that, in part, prohibited the sale, use, or consumption of alcohol on the premises of "Sexually Oriented Businesses," Ben's Bar and two of its dancers filed suit under 42 U.S.C. § 1983, seeking declaratory and injunctive relief against the enforcement of the ordinance...

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