KOPPINGER v. CITY OF FAIRMONT

No. 46154.

248 N.W.2d 708 (1976)

Matthew KOPPINGER, d.b.a. Safari Lounge, Appellant, v. CITY OF FAIRMONT, Respondent.

Supreme Court of Minnesota.

November 26, 1976.


Attorney(s) appearing for the Case

Chadwick & Johnson and John R. Bridell and Mark J. Condon, Minnesota Civil Liberties Union, and Stanley Nathanson, Law Student, Minneapolis, for appellant.

Johnson, Berens & Wilson, and Richard D. Berens, Fairmont, for respondent.

Heard and considered en banc.


KELLY, Justice.

Plaintiff, Matthew Koppinger, owner and operator of the Safari Lounge in the city of Fairmont, Minnesota, appeals from a judgment dismissing his attempt to have a certain ordinance of that city declared unconstitutional on its face. We reverse.

Plaintiff, who owns a 3.2 beer bar and adjoining bowling alley, employs male and female performers to dance to accompanying prerecorded music for the entertainment of customers in his 3.2 beer establishment...

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