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CITY OF SHORELINE v. CLUB FOR FREE SPEECH RIGHTS

No. 47569-0-I.

36 P.3d 1058 (2001)

CITY OF SHORELINE, a Washington municipal corporation, Respondent, v. CLUB FOR FREE SPEECH RIGHTS, a Washington non-profit corporation, Appellant, and MM MR RM Corporation, a Washington corporation, Defendant.

Court of Appeals of Washington, Division 1.

Publication Ordered December 18, 2001.

Attorney(s) appearing for the Case

Gilbert Henry Levy, Seattle, for Appellant.

Robert Franklin Noe, Shoreline City Attorneys Office/Kenyon Dornay Marshall PLCC, Issaquah, for Respondent.

APPELWICK, J.

The Shoreline Municipal Code (SMC) adult cabaret ordinance, which prohibits live adult entertainers from, inter alia, performing "at a distance of less than four feet" from members of the public, applies to The Club for Free Speech Rights (CFFSR), which is a non-profit private membership club featuring live adult entertainment. Because CFFSR presented no genuine issue of material fact regarding the ordinance...

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