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PAP'S A.M. v. CITY OF ERIE

812 A.2d 591 (2002)

PAP'S A.M. t/d/b/a Kandyland, Appellant, v. The CITY OF ERIE, Joyce A. Savocchio, Chris E. Maras, Mario S. Bagnoni, Robert C. Brabender, Denise Robison, and James N. Thompson, in their Official Capacities, Appellees.

Supreme Court of Pennsylvania.

Decided December 19, 2002.

Attorney(s) appearing for the Case

Philip B. Friedman, Erie, for PAP's A.M. t/d/b/a/ Kandyland.

Carl Max Janavitz, Pittsburgh, for North Hills News, Inc.

Michael Murray, pro hac vice, Stephen D. Shafron, pro hac vice, for Golden Triangle & Monroeville.

Paul J. Cambria, Jr., pro hac vice, for Fairview & B.L.V.D.

Gregory Alan Karle, Gerald Joseph Villella, Erie, for City of Erie, et al.

Michael McAuliffe Miller, Harrisburg, Kerry Alan Fraas, George M. Janocsko, Pittsburgh, for Allegheny County.

Before ZAPPALA, C.J., and CAPPY, CASTILLE, NIGRO, SAYLOR and EAKING, JJ.

Justice CASTILLE.

This matter is before this Court upon remand following the United States Supreme Court's reversal of our decision in Pap's A.M. v. City of Erie, 553 Pa. 348, 719 A.2d 273 (1998) (Pap's I). The issue before us in Pap's I, and again before us now, involves the constitutionality of a public indecency ordinance enacted by...

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