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REVERE v. AUCELLA

369 Mass. 138 (1975)

338 N.E.2d 816

CITY OF REVERE vs. ALFONSO AUCELLA & another (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

December 3, 1975.

Attorney(s) appearing for the Case

Vincent A. Canavan, City Solicitor (William M. Appel, Special Assistant City Solicitor, with him) for the city of Revere.

Morris M. Goldings for Alphonso Aucella & another.

Present: TAURO, C.J., REARDON, BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.

BRAUCHER, J.

These cases test the constitutionality of G.L.c. 272, § 16, prohibiting "open and gross lewdness and lascivious behavior," as applied to a nude "Go-Go" dancer in a bar. They also test the power of a city, by ordinance, to regulate such conduct. We hold that the statute is unconstitutional. P.B.I.C., Inc. v. Byrne, 313 F.Supp. 757 (D. Mass. 1970), vacated to consider mootness, 401 U.S. 987 (1971...

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