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FEDERATION OF ADVERT. INDUS. v. CITY OF CHICAGO

Nos. 98-3191, 99-1115 & 99-1516.

189 F.3d 633 (1999)

FEDERATION OF ADVERTISING INDUSTRY REPRESENTATIVES, INC., an Illinois not-for-profit Corporation, Plaintiff-Appellee, v. CITY OF CHICAGO, The Chicago City Council, Richard M. Daley, in his official capacity as Mayor of the City of Chicago, and Paul Woznicki, in his official capacity as Zoning Administrator of the City of Chicago, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 1, 1999.

Attorney(s) appearing for the Case

Phillip J. Zisook (argued), Paul M. Levy, Deutsch, Levy & Engel, Chicago, IL, for Plaintiff-Appellee.

Lawrence Rosenthal (argued), Mardell Nereim, Brian L. Crowe, Office of the Corporation Counsel, Appeals Division, Chicago, IL, for Defendants-Appellants.

Donald W. Garner, D & L Straus Distinguished Visitor, Malibu, CA, for Amicus Curiae American Medical Association, American Heart Association, American Lung Association, American Lung Association of Metropolitan Chicago and American Cancer Society.

Douglas Letter (argued), Department of Justice, Civil Division, Appellate Section, Washington, DC, for Amicus Curiae United States of America.

Daniel J. Popeo, Washington Legal Foundation, Washington, DC, for Amicus Curiae Washington Legal Foundation.

Before WOOD, JR., RIPPLE and MANION, Circuit Judges.

RIPPLE, Circuit Judge.

The Federation of Advertising Industry Representatives ("the Federation") brought this action seeking declaratory and injunctive relief against a City of Chicago ordinance that restricts public advertisement of cigarette and alcohol products ("the Ordinance"). In its complaint, the Federation submitted that the Ordinance violated the First Amendment, the Contracts Clause and the Due Process Clause of the Constitution of the United States. It...

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