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GAJON BAR & GRILL, INC. v. KELLY

No. 312, Docket 74-1791.

508 F.2d 1317 (1974)

GAJON BAR & GRILL, INC., and James Francione, Plaintiffs-Appellees, v. Eugene KELLY, Individually and in his capacity as Police Commissioner of the County of Suffolk, State of New York, Defendant, and Paul J. Fitzpatrick, Individually and as Supervisor of the Town of Smithtown, and Vincent J. Trimarco, Individually and as Town Attorney of the Town of Smithtown, Defendants-Appellants, and Robert Hoss, Individually and as a member of the Suffolk County Police Department, and Emil Ortolani, Individually and as a member of the Suffolk Police Department, Defendants.

United States Court of Appeals, Second Circuit.

Decided December 5, 1974.

Attorney(s) appearing for the Case

Howard E. Pachman, Commack, N. Y., for defendants-appellants.

Walter G. Steindler, Commack, N. Y. (Belli, Sarisohn, Creditor, Carner, Thierman & Steindler, Commack, N. Y., on the brief), for plaintiffs-appellees.

Before KAUFMAN, Chief Judge, and ANDERSON and MULLIGAN, Circuit Judges.

ROBERT P. ANDERSON, Circuit Judge:

Smithtown, a municipality located in Suffolk County, New York, promulgated an ordinance (Local Law 1-1973) making it unlawful for any female to appear in a live public show ". . . in such a manner that the portion of her breast below the top of the areola is not covered with a fully opaque covering."1 Any person who aids and abets a violation of the local law also is subject to criminal sanctions.

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