FARAONE v. CITY OF EAST PROVIDENCE

No. CA 95-642ML.

935 F.Supp. 82 (1996)

Joseph FARAONE d/b/a Five Star Video v. CITY OF EAST PROVIDENCE.

United States District Court, D. Rhode Island.

April 9, 1996.


Attorney(s) appearing for the Case

John W. Dineen, Providence, RI, for plaintiff.

Marc DeSisto, Providence, RI, for defendant.


MEMORANDUM

LISI, District Judge.

This matter is before the court on plaintiff's motion for a preliminary injunction. Plaintiff, Joseph Faraone, d/b/a Five Star Video, alleges that a license "stipulation" adopted by the East Providence City Council, which prohibits the sale or rental of "any adult oriented x-rated videos on Sundays or Holidays," is preempted by state law and violates the First Amendment of the United States Constitution. The defendant...

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