CASEY v. CITY OF NEWPORT, R.I.

No. 01-2600.

308 F.3d 106 (2002)

Laurel CASEY and Asterix and Obelix, LLC, Plaintiffs, Appellants, v. CITY OF NEWPORT, RHODE ISLAND, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 16, 2002.


Attorney(s) appearing for the Case

Thomas W. Kelly for Appellants.

Marc DeSisto for Appellee.

Before TORRUELLA and LIPEZ, Circuit Judges, and McAULIFFE, District Judge.


LIPEZ, Circuit Judge.

This case requires us to assess the constitutionality of restrictions imposed by the City of Newport, Rhode Island (City), on the performance of music at Asterix and Obelix (A & O), a Newport restaurant/nightclub. The district court rejected a First Amendment challenge to the restrictions mounted by A & O and Laurel Casey, a cabaret singer who performs at A & O, and entered summary judgment for the City on the ground that the restrictions...

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