WALL DISTRIBUTORS, INC. v. CITY OF NEWPORT NEWS, VA.

No. 84-1905.

782 F.2d 1165 (1986)

WALL DISTRIBUTORS, INC., a Virginia Corporation, Appellant, v. The CITY OF NEWPORT NEWS, VIRGINIA, an incorporated municipality; Joseph C. Ritchie, in his official capacity as Mayor of Newport News, Virginia; Darrel W. Stephens, in his official capacity as the Chief of Police for the City of Newport News, Virginia, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 30, 1986.


Attorney(s) appearing for the Case

Frederic L. Moschel, Hampton, Va. (Cumming & Patrick, Arthur M. Schwartz, Hampton, Va., on brief), for appellant.

Leonard A. Wallin, II, Asst. City Atty., Newport News, Va. (Robert V. Beale, City Atty., Newport News, Va., on brief), for appellees.

Before PHILLIPS, MURNAGHAN and ERVIN, Circuit Judges.


JAMES DICKSON PHILLIPS, Circuit Judge:

Wall Distributors, Inc. (Wall) appeals from a district court judgment rejecting a first amendment challenge to an ordinance of the City of Newport News which imposed licensing requirements upon and made criminal the operation of a movie arcade business in which Wall Distributors was engaged. We affirm.

I

The ordinance affects the operation of "movie arcades" in two ways. First, it requires that any arcade that...

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