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FW/PBS, INC. v. CITY OF DALLAS

No. 86-1723.

837 F.2d 1298 (1988)

FW/PBS, INC., Etc., et al., Plaintiffs-Appellants, v. The CITY OF DALLAS, Etc., et al., Defendants-Appellees. John Randall DUMAS d/b/a Geno's, Plaintiff, Tempo Tamers, Inc., Etc., et al., Plaintiff-Appellants, v. CITY OF DALLAS, Etc., Defendant-Appellee. Calvin BERRY, III, et al., Plaintiff-Appellants, v. CITY OF DALLAS, Etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 12, 1988.

Attorney(s) appearing for the Case

Arthur M. Schwartz, Denver, Colo., for FW/PBS, et al.

Frank P. Hernandez, Dallas, Tex., for Calvin Berry, III, et al.

Richard L. Wilson, Orlando, Fla., for Tamers, et al.

Malcolm Dade, Dallas, Tex., for other appellants.

David LaBrec, Office of the City Atty., Vol Villasana, Mark O'Briant, Tom Brandt, Dallas, Tex., for City of Dallas.

Bruce A. Taylor, Scottsdale, Ariz., for amicus curiae — Citizens for Decency Through Law, Inc.

Before THORNBERRY, GARWOOD and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In the early summer of 1986, the City of Dallas, Texas began to consider the regulation of the effects of sexually oriented businesses upon the community. After study of similar efforts by other metropolitan cities, the City Council passed a detailed ordinance that imposed licensing and zoning restrictions upon sexually oriented businesses. A variety of businesses that would be subject to its regulations attacked the Ordinance...

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