SAMMY'S OF MOBILE, LTD. v. CITY OF MOBILE

No. 96-7073.

140 F.3d 993 (1998)

SAMMY'S OF MOBILE, LTD., an Alabama Limited Partnership; Sammy's Management Company, Inc., an Alabama Corporation, Plaintiffs-Appellants, v. CITY OF MOBILE, a Body Corporate and Politic, Defendant-Appellee. J & B SOCIAL CLUB, # 1, INC., d.b.a. The Candy Store, Jennifer Q. Bodiford; et al., Plaintiffs-Appellants, v. The CITY OF MOBILE, ALABAMA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 8, 1998.


Attorney(s) appearing for the Case

Donald M. Briskman, Mobile, AL, Luke Charles Lirot, Lirot & Dolan, Tampa, FL, for Sammy's of Mobile and Sammy's Management.

Roderick P. Stout, W. Perry Hall, Mobile, AL, for Defendant-Appellee.

Before BIRCH, Circuit Judge, and HILL and KRAVITCH, Senior Circuit Judges.


HILL, Senior Circuit Judge:

The City of Mobile prohibits nude dancing in establishments licensed to sell liquor. Two clubs brought suit seeking an injunction prohibiting the City from enforcing its ordinance. The clubs claim the ordinance violates their rights under the First Amendment to the Constitution. The district court granted summary judgment to the City. For the following reasons, we affirm.

I.

Ordinance 03-0031

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