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CLARK v. CITY OF LAKEWOOD

No. 99-35453

259 F.3d 996 (2001)

Brian Clark, dba Visions, Plaintiff-Appellant, v. City of Lakewood, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2001.

As Amended August 15, 2001

Attorney(s) appearing for the Case

Jack R. Burns, Bellevue, Washington, for the plaintiff-appellant.

Phil Brennan, Dennis J. La Porte, Daniel B. Heid, Krilich, La Porte, West & Lockner, Tacoma, Washington, for the defendant-appellee.

Before: Bletty B. Fletcher and Raymond C. Fisher, Circuit Judges, and William W Schwarzer, District Judge.

Argued and Submitted December 8, 2000 — Seattle, Washington

OVERVIEW

FISHER, Circuit Judge:

Bryan Clark, the owner of three closed adult businesses in the City of Lakewood, brought this lawsuit challenging Lakewood's new adult cabaret ordinance ("Ordinance"). Clark claims the Ordinance violates the First Amendment of the United States Constitution and the free speech provisions of the Washington Constitution and was passed in violation of...

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