NORTH AVE. NOVELTIES, INC. v. CITY OF CHICAGO

No. 95-2474.

88 F.3d 441 (1996)

NORTH AVENUE NOVELTIES, INCORPORATED, Plaintiff-Appellant, v. CITY OF CHICAGO, an Illinois municipal corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 1, 1996.

Rehearing Denied July 18, 1996.


Attorney(s) appearing for the Case

Michael Null, Reed Lee (argued), and Deidre Baumann, Null & Associates, Chicago, IL, for North Avenue Novelties, Inc.

Lawrence Rosenthal, Benna R. Solomon, Anita K. Modak-Truran, Kenneth L. Schmetterer (argued), and Susan S. Sher, Office of Corporation Counsel, Appeals Division, Chicago, IL, for City of Chicago.

Before CUMMINGS, BAUER and KANNE, Circuit Judges.


CUMMINGS, Circuit Judge.

Plaintiff North Avenue Novelties, Inc. ("Novelties") seeks a declaratory judgment that the provisions of the Chicago Zoning Ordinance specifying the location of "adult uses" in Chicago are unconstitutional. For the following reasons, we affirm the district court's conclusion that the ordinance is not unconstitutional.

I.

It is helpful to begin by examining the overall scheme of the Chicago Zoning Ordinance. Decades ago, the...

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