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ELLWEST STEREO THEATRES, INC. v. WENNER

No. 80-5732.

681 F.2d 1243 (1982)

ELLWEST STEREO THEATRES, INC., a corporation, Plaintiff-Appellant, v. Paul WENNER, Individually and as the treasurer of the City of Phoenix, Lawrence Wetzel, individually and as the chief of police of the City of Phoenix, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 23, 1982.

Attorney(s) appearing for the Case

Richard J. Hertzberg, Phoenix, Ariz., for plaintiff-appellant.

Sandra K. McGee, Phoenix, Ariz., for defendants-appellees.

Before CHAMBERS, KENNEDY and SCHROEDER, Circuit Judges.

SCHROEDER, Circuit Judge.

Appellant Ellwest Stereo Theatres ("Ellwest") operates a Phoenix, Arizona movie arcade in which members of the public pay to view sexually explicit films in booths. Ellwest brought suit challenging the constitutionality of a City of Phoenix ordinance requiring that the viewing areas of booths in which coin operated viewing devices are located be visible from a continuous main aisle. On the basis of stipulated facts, the district court held...

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