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BROADWAY BOOKS, INC. v. ROBERTS

No. CIV 1-86-194.

642 F.Supp. 486 (1986)

BROADWAY BOOKS, INC., a Tennessee corporation, Dexter Eugene Franklin, d/b/a Peepers Adult Bookstore and David Boles, d/b/a Cinema One Adult Bookstore and Theatre, Plaintiffs, v. Gene ROBERTS, as Mayor for the City of Chattanooga, John P. Franklin, Paul F. Clark, James C. Eberle, Tom Kennedy, as Members of the Board of Commissioners of the City of Chattanooga, Eugene N. Collins, as City Attorney for the City of Chattanooga, and the City of Chattanooga, Defendants.

United States District Court, E.D. Tennessee, S.D.

As Amended June 12, 1986.

Attorney(s) appearing for the Case

David Haines Rotroff, Chattanooga, Tenn., Charles W. Boyle, Atlanta, Ga., for plaintiffs.

Randall L. Nelson, W. Lee Maddux, Phillip A. Noblett, Chattanooga, Tenn., for defendants.

MEMORANDUM

EDGAR, District Judge.

This is an action brought by the owners of three adult bookstores in Chattanooga, Tennessee for a declaratory judgment that the recently enacted City of Chattanooga Ordinance 8601 is unconstitutional, in whole or in part, and for injunctive relief. This case has been fully heard on the merits and is now ready for disposition.

Ordinance 8601 establishes a licensing procedure...

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