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ARGELLO v. CITY OF LINCOLN

No. 97-2615.

143 F.3d 1152 (1998)

Michael ARGELLO, Appellee, v. CITY OF LINCOLN, A Home Rule Charter City, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 13, 1998.

Attorney(s) appearing for the Case

Dana W. Roper, Lincoln, NE, for Appellant.

Mary C. Wickenkamp, Lincoln, NE, for Appellee.

Before RICHARD S. ARNOLD, Chief Judge, HANSEN, Circuit Judge, and LIMBAUGH, District Judge.

RICHARD S. ARNOLD, Chief Judge.

The question presented is the constitutionality, under the First Amendment, of an ordinance of the City of Lincoln, Nebraska. The ordinance reads as follows:

It shall be unlawful for any person to exercise, carry on, advertise, or engage in the business or profession of clairvoyancy, palmistry, phrenology, mind reading, fortunetelling, or any other business, profession, or art of revealing or pretending to reveal past or future...

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