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COLORADO SPRINGS AMUSEMENTS, LTD. v. RIZZO

Nos. 75-1107, 75-1108.

524 F.2d 571 (1975)

COLORADO SPRINGS AMUSEMENTS, LTD. t/a Velvet Touch, et al., Appellees. v. Mayor Frank L. RIZZO of the City of Philadelphia et al., Appellants. Max RUBENSTEIN t/a Philadelphia Health Club, et al., Appellees. v. Mayor Frank L. RIZZO, of the City of Philadelphia et al., Appellants.

United States Court of Appeals, Third Circuit.

Decided October 16, 1975.

Attorney(s) appearing for the Case

Louis F. Hinman, III, James M. Penny, Jr., Asst. City Sols., Raymond Kitty, Deputy City Sol., Stephen Arinson, Chief Deputy City Sol., Sheldon L. Albert, City Sol., Philadelphia, Pa., for appellants.

William J. Cottrell, Helen H. Cutner, Philadelphia, Pa., for appellees.

Before VAN DUSEN, ADAMS and HUNTER, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

At issue in this appeal is the validity of an ordinance which prohibits employees of massage parlors licensed by a city from massaging anyone of the opposite sex.

I.

City Council of Philadelphia determined in 1963 that illicit sexual activities often occurred in the massage parlors located in the city.1 Its concern for the community's health and morals led it to respond...

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