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RECREATIONAL DEV. OF PHOENIX, INC. v. CITY OF PHOENIX

No. 99-18-PHX-ROS.

83 F.Supp.2d 1072 (1999)

RECREATIONAL DEVELOPMENTS OF PHOENIX, INC., et al., Plaintiffs, v. CITY OF PHOENIX, Defendant.

United States District Court, D. Arizona.

August 23, 1999.

Attorney(s) appearing for the Case

Christopher Reed Kaup, Peskind Hymson & Goldstein PC, Scottsdale, AZ, for plaintiffs.

James Harden Hays, Office of City Attorney, Phoenix, AZ, for defendant.

ORDER

SILVER, District Judge.

This case presents a pre-enforcement challenge to an ordinance passed by Defendant City of Phoenix regulating businesses the ordinance refers to as "live sex businesses." Phoenix, AZ Code § 23-54 (1998). Pending are a Motion for a Preliminary Injunction filed by Plaintiffs, who are owners and members of businesses in which live sex acts occur ("the clubs"), and a Motion to Dismiss filed by Defendant.

FACTUAL BACKGROUND...

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