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UPPER MIDWEST BOOKSELLERS v. CITY OF MINNEAPOLIS

No. 85-5077.

780 F.2d 1389 (1985)

The UPPER MIDWEST BOOKSELLERS ASSOCIATION, a Minnesota corporation, and Harvey Hertz, d/b/a A Brother's Touch Bookstore, Appellants, v. CITY OF MINNEAPOLIS, a municipal corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 31, 1985.

Rehearing and Rehearing Denied February 14, 1986.

As Amended March 11, 1986.

Attorney(s) appearing for the Case

Randell D.B. Tigue, Minneapolis, Minn., for appellants.

Michael A. Bamberger, New York City, for amicus, the American Booksellers.

David M. Gross, Minneapolis, Minn., for appellee.

Before LAY, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and BOWMAN, Circuit Judge.

Rehearing and Rehearing En Banc Denied February 14, 1986.

BOWMAN, Circuit Judge.

This case presents the question of the constitutionality of a portion of an ordinance enacted by the City of Minneapolis (City) that attempts to regulate the manner in which certain sexually explicit material deemed "harmful to minors" is displayed for sale. Upper Midwest Booksellers Association, a trade organization of retail merchants, and Harvey Hertz, an individual bookseller...

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