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CHASE v. DAVELAAR

No. 79-4471.

645 F.2d 735 (1981)

Ronald W. CHASE, d/b/a Night Moves Tavern, Plaintiff/Appellee, v. Jack DAVELAAR, Coroner and Acting Sheriff of Pierce County, Washington, and Don Herron, Prosecuting Attorney of Pierce County, Washington, Defendants/Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 18, 1981.

Attorney(s) appearing for the Case

Joseph F. Quinn, Deputy Pros. Atty., Tacoma, Wash., for defendants/appellants.

Victor V. Hoff, Seattle, Wash., for plaintiff/appellee.

Before ANDERSON, PREGERSON and CANBY, Circuit Judges.

PREGERSON, Circuit Judge:

The acting sheriff and the prosecuting attorney of Pierce County, Washington appeal from a judgment holding Pierce County's prohibition of topless entertainment unconstitutional on its face for overbreadth. For the reasons stated in this opinion, we affirm.

Chase owns and operates the Night Moves Tavern in Pierce County, which had featured topless dancing before May 8, 1979. On that date the county's Board of Commissioners enacted...

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