FANTASY BOOK SHOP, INC. v. CITY OF BOSTON

No. 81-1081.

652 F.2d 1115 (1981)

FANTASY BOOK SHOP, INC., Lotten Books, Inc. and Journal Books, Inc., Plaintiffs, Appellants, v. CITY OF BOSTON, Kevin H. White, Robert J. Ryan, Boston Redevelopment Authority, Joanne A. Prevost, Joseph M. Jordan, Chinese Economic Development Council, Inc., Michael Obryon and William J. Leong, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 16, 1981.

As Amended July 30, 1981.


Attorney(s) appearing for the Case

Regina L. Quinlan, Boston, Mass., with whom Leonard A. Lucas, Boston, Mass., was on brief, for plaintiffs, appellants.

Laurie Burt, Boston, Mass., with whom John D. Patterson, Jr., and Foley, Hoag & Eliot, Boston, Mass., were on brief, for defendants, appellees Chinese Economic Development Corp., Inc., Michael Obryon and William J. Leong.

Arlene S. LaPenta, Boston, Mass., with whom Nicholas Foundas, Boston, Mass., was on brief, for defendants, appellees City of Boston, Kevin H. White, Joanne A. Prevost, and Joseph M. Jordan.

Margaret M. Brown and Harry G. Stoddard, Boston, Mass., on brief for defendants, appellees, Robert J. Ryan and Boston Redevelopment Authority.

Before COFFIN, Chief Judge, ALDRICH and BOWNES, Circuit Judges.


COFFIN, Chief Judge.

In this appeal we must decide whether a municipal ordinance governing the licensing of public amusements and exhibitions unconstitutionally interferes with the right of an adult book store to offer to the public a coin-operated motion picture business.

I.

Since 1974 the City of Boston's zoning code has restricted operation of so-called adult uses to a single downtown Adult Entertainment District, popularly known as the Combat...

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