PURPLE ONION, INC. v. JACKSON

Civ. A. No. C80-1709A.

511 F.Supp. 1207 (1981)

The PURPLE ONION, INC., a Georgia Corporation, d/b/a the Purple Onion; Lee & M., Inc., a Georgia Corporation, d/b/a Gentlemen's Quarters; International Follies, Inc., a Georgia Corporation, d/b/a Cheetah III Lounge; Western Business Systems, Inc., a Georgia Corporation, d/b/a Rhetts News and Ashley Art Theatre, Plaintiffs, v. Maynard JACKSON, Mayor, City of Atlanta; and Lee Brown, Commissioner, Department of Public Safety, Defendants.

United States District Court, N. D. Georgia, Atlanta Division.

March 31, 1981.


Attorney(s) appearing for the Case

Glenn Zell, Atlanta, Ga., for plaintiffs.

Gary Walker and Roy Mays, Asst. City Attys., Atlanta, Ga., for defendants.


ORDER

SHOOB, District Judge.

I. INTRODUCTION

In Young v. American Mini Theatres, 427 U.S. 50, 96 S.Ct. 2440, 49 L.Ed.2d 310 (1976), the Supreme Court upheld as constitutional a Detroit zoning ordinance which provided that adult movie theaters could not locate within 1000 feet of any two other regulated uses.1 The Court held that the use of the sexually-oriented content of adult...

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