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AVALON CINEMA CORP. v. THOMPSON

No. 81-1162.

689 F.2d 137 (1982)

AVALON CINEMA CORPORATION, Appellant, v. Reed W. THOMPSON, individually and in his official capacity as Mayor of the City of North Little Rock, Arkansas, et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 3, 1982.

As Modified on Denial of Rehearing and Rehearing October 19, 1982.

Attorney(s) appearing for the Case

John H. Weston, Brown, Weston & Sarno, Beverly Hills, Cal. (David M. Brown, G. Randall Garrou, Brown, Weston & Sarno, Beverly Hills, Cal., John Wesley Hall, Jr., Little Rock, Ark., on the brief), for appellant.

Jim Hamilton, City Atty., North Little Rock, Ark., for appellees.

Before LAY, Chief Judge, HEANEY, BRIGHT and ROSS, Circuit Judges, STEPHENSON, Senior Circuit Judge, HENLEY, McMILLIAN, ARNOLD, and JOHN R. GIBSON, Circuit Judges,

As Modified on Denial of Rehearing and Rehearing En Banc October 19, 1982.

ARNOLD, Circuit Judge.

In Avalon Cinema Corp. v. Thompson, 667 F.2d 659 (8th Cir. 1981) (en banc), we held that a zoning ordinance of the City of North Little Rock, Arkansas, as applied to plaintiff's proposed "adult" movie house, violated the First Amendment of the Constitution of the United States, as applied to the states and their instrumentalities...

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