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WAYS v. CITY OF LINCOLN, NEB.

No. 01-1521.

274 F.3d 514 (2001)

John WAYS, Plaintiff-Appellee, v. CITY OF LINCOLN, NEBRASKA, a city of the primary class; Don Wesely, Mayor of Lincoln; City Council, City of Lincoln; Jeffery Fortenberry, City Council; Jon A. Camp, City Councilperson; Cindy Johnson, City Councilperson; Jonathan Cook, City Councilperson; Annette McRoy, City Councilperson; Colleen Seng, City Councilperson, Chair; Jerry Shoecraft, City Councilperson; Tom Casady, Chief of Police for the City of Lincoln, Nebraska, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed December 14, 2001.

Attorney(s) appearing for the Case

John C. McQuinn, City Atty., argued, coln, NE, for appellant.

Robert W. Chapin, Jr., argued, Lincoln, NE, for appellee.

Before MURPHY, BEAM, and BYE, Circuit Judges.

MURPHY, Circuit Judge.

John Ways brought this action to challenge the constitutionality of a now repealed Lincoln ordinance prohibiting sexual contact in entertainment businesses. The district court1 enjoined enforcement of the ordinance after concluding that it was unconstitutionally overbroad in violation of the First Amendment. We affirm.

The Lincoln City Council passed Ordinance No. 17613, codified as Lincoln Municipal Code...

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