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D.G. RESTAURANT CORP. v. CITY OF MYRTLE BEACH

No. 90-1509.

953 F.2d 140 (1991)

D.G. RESTAURANT CORPORATION, d/b/a PT's Show Club, a South Carolina Corporation, Plaintiff-Appellee, v. The CITY OF MYRTLE BEACH; Francis M. Sauvageau, as Acting Director for Construction Services Department for the City of Myrtle Beach; Thomas E. Leath, as City Manager for the City of Myrtle Beach; J. Stanley Bird, as Chief of Police for the City of Myrtle Beach, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided December 30, 1991.

As Amended January 7, 1992.

Attorney(s) appearing for the Case

James Barr Van Osdell, Cynthia Graham Howe, Van Osdell, Lester, Howe & Rice, P.A., Myrtle Beach, S.C., argued (Michael W. Battle, Lovelace & Battle, P.A., Conway, S.C., on brief), for defendants-appellants.

Howell V. Bellamy, Jr., Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A., Myrtle Beach, S.C., argued (Henrietta U. Golding, Myrtle Beach, S.C., Lawrence R. Goldberg, Lawrence R. Goldberg, P.C., St. Louis, Mo., on brief), for plaintiff-appellee.

Before WIDENER and NIEMEYER, Circuit Judges, and MURRAY, Senior U.S. District Judge for the District of Maryland, sitting by designation.

OPINION

NIEMEYER, Circuit Judge:

In response to the anticipated establishment of an adult entertainment business offering topless dancing in Myrtle Beach, South Carolina, the city council adopted an ordinance that prohibits a business from offering nudity within 500 feet of residential areas, other regulated adult businesses, churches, schools and public parks. An affected business filed suit to challenge the ordinance on the ground that it improperly regulates...

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