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RK VENTURES, INC. v. CITY OF SEATTLE

No. 99-35128.

307 F.3d 1045 (2002)

RK VENTURES, INC., dba Celebrity Italian Kitchen dba The Mezzanine; Keith Olson; Ronald Santi, individually and as officers, directors and shareholders, Plaintiffs-Appellants, v. CITY OF SEATTLE; Mark Sidran; Joe Parks, Sgt.; Christine Robbin, Officer, (nee Batdorf); Tina Bueche, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Withdrawn November 16, 2001.

Resubmitted June 17, 2002.

Filed October 7, 2002.

Attorney(s) appearing for the Case

Bradley H. Bagshaw, Helsell Fetterman LLP, Seattle, Washington and David R. Osgood, Seattle, WA, for plaintiffs-appellants.

Robert L. Christie, Johnson Martens Christie Andrews & Skinner, P.S., Seattle, WA, for defendants-appellees.

Before: B. FLETCHER and FISHER, Circuit Judges, and SCHWARZER, District Judge.

FISHER, Circuit Judge.

Appellants are the owners of a former Seattle nightclub known at one time as the Celebrity. Beginning in about 1990, appellants allege, the City of Seattle ("the City") pursued a campaign designed to stop downtown Seattle nightclubs from playing rap and hip-hop music because the music attracted African Americans and crime to the area. They allege that the City's efforts, while ostensibly directed at crime control, in fact were racially motivated...

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