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TRIPLETT GRILLE, INC. v. CITY OF AKRON

No. 93-3418.

40 F.3d 129 (1994)

TRIPLETT GRILLE, INC., d/b/a The Back Door, Plaintiff-Appellee, v. CITY OF AKRON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 14, 1994.

Attorney(s) appearing for the Case

J. Michael Murray (argued and briefed), Steven D. Shafron, Berkman, Gordon, Murray, Palda & DeVan, Cleveland, OH, Lawrence J. Whitney, Sr., and Burdon & Merlitti, Akron, OH, for plaintiff-appellee.

David A. Muntean, Director of Law, and Deborah M. Forfia (argued and briefed), City of Akron Law Dept., Akron, OH, for defendant-appellant.

Spencer Neth (briefed), Cleveland, OH, for amicus curiae.

Before: MARTIN, NORRIS, and DAUGHTREY, Circuit Judges.

BOYCE F. MARTIN, Jr., Circuit Judge.

Concluding that the First Amendment's guarantee of freedom of expression prevents the City of Akron from enforcing its public indecency ordinance, the district court granted Triplett Grille's prayer for a permanent injunction. The City now appeals.

I

Triplett Grille, Inc. operates a club called The Back Door on Triplett Boulevard in Akron, Ohio. At 4:00 p.m. on October 12, 1992, The Back Door began to present...

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