ANHEUSER-BUSCH, INCORPORATED, Plaintiff-Appellant,
v.
Kurt L. SCHMOKE, in his official capacity as Mayor of Baltimore City; Mayor and City Council of Baltimore City; City Council of Baltimore City; David Tanner, in his official capacity as the General Superintendent of Zoning Administration and Enforcement, Defendants-Appellees,
and
John Joseph Curran, Attorney General of the State of Maryland, in his official capacity, Defendant.
The Association of National Advertisers, Incorporated; The American Association of Advertising Agencies; The Media Institute; National Association of Broadcasters; The Thomas Jefferson Center for the Protection of Free Expression; Washington Legal Foundation; Center for Science in the Public Interest; Coalition for Beautiful Neighborhoods; Baltimore City Wide Liquor Coalition for Better Laws and Regulations, Amici Curiae.
PENN ADVERTISING OF BALTIMORE, INCORPORATED, Plaintiff-Appellant,
v.
MAYOR AND CITY COUNCIL OF BALTIMORE CITY, A Municipal Corporation, Defendant-Appellee,
and
John Joseph Curran, Attorney General of the State of Maryland, in his official capacity, Defendant.
The Association of National Advertisers, Incorporated; The American Association of Advertising Agencies; The Media Institute; National Association of Broadcasters; The Thomas Jefferson Center for the Protection of Free Expression; Washington Legal Foundation; Center for Science in the Public Interest; Coalition for Beautiful Neighborhoods; Baltimore City Wide Liquor Coalition for Better Laws and Regulations, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
November 13, 1996.
November 13, 1996.
Attorney(s) appearing for the Case
Eric Michael Rubin, Walter E. Diercks, Jeffrey Harris, Rubin, Winston, Diercks, Harris & Cooke, Washington, D.C.; John Joseph Walsh, Steven G. Brody, Cadwalader, Wickersham & Taft, New York, New York; Thomas M. Wood, IV, Neuberger, Quinn, Gielen, Rubin & Gibber, P.A., Baltimore, Maryland; P. Cameron DeVore, Davis, Wright, Tremaine, Seattle, Washington, for Appellant.
Neal M. Janey, City Solicitor, Burton Harry Levin, Principal Counsel, Department of Law, Baltimore, Maryland, for Appellees. Richard E. Wiley, Lawrence W. Secrest, III, Daniel E. Troy, Luis de la Torre, Frank Winston, Jr., Wiley, Rein & Fielding, Washington, D.C.; J. Joshua Wheeler, Robert M. O'Neil, Thomas Jefferson Center for the Protection of Free Expression, Charlottesville, Virginia, for Amici Curiae Media Institute, et al. Daniel J. Popeo, David A. Price, Richard A. Samp, Washington Legal Foundation, Washington, D.C., for Amicus Curiae Washington Legal Foundation. Christopher J. Fritz, Julie Ellen Squire, Thomas C. Dame, Gallagher, Evelius & Jones, Baltimore, Maryland, for Amici Curiae Coalition for Beautiful Neighborhoods, et al. George Hacker, Center for Science in the Public Interest, Washington, D.C., for Amicus Curiae Center for Science. John F. Kamp, Washington, D.C.; Gilbert H. Weil, New York, New York; Burt Neuborne, New York, New York, for Amici Curiae Association of National Advertisers, Inc.
Before NIEMEYER and HAMILTON, Circuit Judges, and BUTZNER, Senior Circuit Judge.
United States Court of Appeals, Fourth Circuit.
Affirmed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Judge HAMILTON joined. Senior Judge BUTZNER wrote a dissenting opinion.
OPINION
NIEMEYER, Circuit Judge:
On May 13, 1996, the Supreme Court handed down its decision in 44 Liquormart, Inc. v. Rhode Island, ___ U.S. ___, 116 S.Ct. 1495, 134 L.Ed.2d 711 (1996), and a week later vacated our decision in this case and remanded it to us "for further consideration in...
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