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GENUSA v. CITY OF PEORIA

Nos. 79-1716, 79-1717.

619 F.2d 1203 (1980)

Frank GENUSA et al., Plaintiff-Appellants, Cross-Appellees, v. CITY OF PEORIA et al., Defendant-Appellees, Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 25, 1980.

Attorney(s) appearing for the Case

Adam Bourgeois, Chicago, Ill., for plaintiffs-appellants, cross-appellees.

Eric Margolis, Legal Dept., City of Peoria, Peoria, Ill., for defendants-appellees, cross-appellants.

Before TONE, WOOD and CUDAHY, Circuit Judges.

TONE, Circuit Judge.

The question in this case is whether a recently enacted "adult use" ordinance of the City of Peoria, Illinois,1 places restrictions on the operation of adult bookstores that cannot be squared with the First Amendment as made applicable to the states by the Fourteenth Amendment. The Peoria ordinance, which is modeled in part on an ordinance of the City of Detroit that was held constitutional in Young v. American...

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