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ENCORE VIDEOS, INC. v. CITY OF SAN ANTONIO

No. 00-51119.

310 F.3d 812 (2002)

ENCORE VIDEOS, INC., Plaintiff-Appellant, v. CITY OF SAN ANTONIO, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 29, 2002.

Attorney(s) appearing for the Case

Arthur Myron Schwartz, Schwartz & Goldberg, Michael W. Gross (argued), Arthur M. Schwartz Law Office, Denver, CO, for Plaintiff-Appellant.

Donald S. Bayne (argued), Michael P. Hodge, San Antonio, TX, for Defendant-Appellee.

Before SMITH and EMILIO M. GARZA, Circuit Judges, and CUMMINGS, District Judge.

JERRY E. SMITH, Circuit Judge:

I.

Appellant Encore Videos, Inc. ("Encore Videos"), operates a sexually oriented retail video store in San Antonio, Texas. In April 1995, the city council enacted Ordinance # 82135, which forbids sexually oriented businesses from locating within 1000 feet of residential areas. Encore Videos' store is within 1000 feet of a residential area, although separated by the Loop 410 highway. Encore Videos provides only sales for off...

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