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COLACURCIO v. CITY OF KENT

No. 96-36197.

163 F.3d 545 (1998)

Frank COLACURCIO, Jr., dba DDF & S Investment Co.; David Ebert, dba DDF & S Investment Co.; Steve Fueston, dba DDF & S Investment Co., Plaintiffs-Appellants, v. CITY OF KENT, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 8, 1998.

Attorney(s) appearing for the Case

Gilbert H. Levy, Levy & Hamilton, Seattle, WA, for plaintiffs-appellants.

William P. Schoel and Jayne L. Freeman, Keating, Bucklin & McCormack, Seattle, WA, Roger A. Lubovich, City Attorney, Laurie A. Evezich, Assistant City Attorney, Kent, WA, for defendant-appellee.

Before: HUG, Chief Judge, and REINHARDT and WIGGINS, Circuit Judges.

Opinion by Chief Judge HUG; Dissent by Judge REINHARDT.

HUG, Chief Judge:

In this case we examine whether the district court was correct in concluding as a matter of law that the City of Kent's ordinance, which requires nude dancers to perform at least ten feet from patrons, does not violate the First Amendment of the United States Constitution. Appellants, who planned to open a nightclub featuring nude dancing on stage and personalized table dancing, argue...

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