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BGHA, LLC v. CITY OF UNIVERSAL CITY, TEX.

No. 02-50220.

340 F.3d 295 (2003)

BGHA, LLC, doing business as Camelot, Plaintiff-Appellant, v. CITY OF UNIVERSAL CITY, TEXAS, Floyd Bryant, in his Individual and Official Capacity as Police Chief, Wesley Becken, in his Individual and Official Capacity as Mayor, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 7, 2003.

Attorney(s) appearing for the Case

Jennifer Scott Riggs (argued), Hill, Gilstap, Adams & Graham, Austin, TX, for Plaintiff-Appellant.

Lowell Frank Denton, George E. Hyde (argued), Denton, Navarro, Rocha & Bernal, San Antonio, TX, for Defendants-Appellees.

Scott Dean Bergthold (argued), Law Office of Scott D. Bergthold, Scottsdale, AZ, for Community Defense Counsel, Amicus Curiae.

Before DeMOSS and STEWART, Circuit Judges, and FALLON, District Judge.

CARL E. STEWART, Circuit Judge:

Out of concern over the adverse secondary effects sexually oriented businesses ("SOBs") were bringing to it and surrounding communities, the City of Universal City, Texas ("City") enacted SOB Ordinance 504 (the "Ordinance").1 The Ordinance imposes various licensing and zoning restrictions on SOBs. BGHA, L.L.C., doing business as Camelot, an operator of an adult cabaret in the City, filed suit under 42 U...

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