SCOPE PICTURES, OF MISSOURI v. CITY OF KANSAS CITY

No. 97-3500.

140 F.3d 1201 (1998)

SCOPE PICTURES, OF MISSOURI, INC.; Ray's Play Pen, Inc.; Time for News, Inc.; Svec Company; Larry H. Minkoff; Jak, Inc.; Kelkin, Inc., Plaintiffs-Appellants, v. CITY OF KANSAS CITY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 20, 1998.


Attorney(s) appearing for the Case

Clyde F. DeWitt, Los Angeles, CA, argued (Cathy E. Crossen and Melanie D. Long, Los Angeles, CA, and Richard T. Bryant, Kansas City, MO, on the brief), for Plaintiffs-Appellants.

Galan P. Beaufort, Kansas City, MO, argued (Walter J. O'Toole, Kansas City, MO, on the brief), for Defendant-Appellee.

Before BOWMAN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and MONTGOMERY, District Judge.


BOWMAN, Circuit Judge.

The appellants sued the City of Kansas City, Missouri, under 42 U.S.C. § 1983 (1994), challenging the validity of the Motion Picture Arcade Booth Establishments Ordinance. See Kansas City, Mo., Code of Ordinances ch. 12, art. VII, §§ 12-275 to 12-283 (1997).2 The City enacted the ordinance in mid-1997 to regulate video viewing booths located in adult bookstores. In passing the ordinance, the...

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