KEW v. SENTER

No. CA-5-75-137.

416 F.Supp. 1101 (1976)

Karlee Christine KEW et al., Plaintiffs, v. Fred SENTER, Individually and as the City Attorney of the City of Lubbock, Texas, et al., Defendants.

United States District Court, N. D. Texas. Lubbock Division.

July 14, 1976.


Attorney(s) appearing for the Case

J. Q. Warnick, Jr., Anderson, Edwards & Warnick, Lubbock, Tex., for plaintiffs.

James P. Brewster, Lubbock, Tex., for defendants Fred Senter and J. T. Alley.

Joe B. Dibrell, Asst. Atty. Gen. of Tex., Austin, Tex., and Clinton E. Averitte, Asst. Atty. Gen. of Tex., Lubbock, Tex., for defendant Luke E. Robinson.

Before GEE, Circuit Judge, and WOODWARD and PORTER, District Judges.


OPINION OF THE COURT

GEE, Circuit Judge:

The present case requires us to consider five plaintiffs' asserted first amendment rights to dance naked in public barrooms in violation of a state statute, as well as two proprietor-plaintiffs' rights to present their performances.

The jurisdiction of this court has been invoked under 42 U.S.C. § 1983 (1970) and 28 U.S.C. § 1343(3), (4) (1970). Plaintiffs seek declaratory and injunctive relief for...

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