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CITY OF SOUTH EUCLID v. RICHARDSON

No. 88-1885.

49 Ohio St. 3d 147 (1990)

CITY OF SOUTH EUCLID, APPELLANT, v. RICHARDSON, APPELLEE. CITY OF SOUTH EUCLID, APPELLANT, v. RICHARDSON, APPELLEE.

Supreme Court of Ohio.

Decided March 7, 1990.

Attorney(s) appearing for the Case

Jones, Day, Reavis & Pogue, Dennis M. Kelly and Albert J. Lucas, Victor E. DeMarco, law director, and Robert P. DeMarco, for appellant.

Berkman, Gordon, Murray & Palda, J. Michael Murray and Ann N. Butenhof, for appellees.

Lois Robinson, urging affirmance for amicus curiae, American Civil Liberties Union of Cleveland Foundation, Inc.

Per Curiam.

On October 14, 1986, the Council of the city of South Euclid passed Ordinance No. 36-86. The ordinance makes it a first degree misdemeanor for any person to own, operate, maintain or manage a brothel and defines "brothel," in relevant part, as follows:

"* * * any place, house or dwelling maintained and/or operated by any person, organization, club or association, for the purposes of engaging in group sex, sexual conduct and sexual acts,...

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