DREAM PALACE v. COUNTY OF MARICOPA

No. 00-16531.

384 F.3d 990 (2004)

DREAM PALACE, an Arizona limited liability company, dba Liberty Entertainment Group, LLC; Edmund Archuleta, Jr.; William Alkire; April Cope; Henry Jenkins; Eugene Williams; Cari Elmore; Jennifer McGrath; Susan Roberts; Rachel Russo; Haley Wheeler; Corina Reville; Jill Amante, Plaintiffs-Appellants, v. COUNTY OF MARICOPA, a political subdivision of the State of Arizona, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted and Filed September 27, 2004.


Attorney(s) appearing for the Case

G. Randall Garrou, Weston, Garrou & DeWitt, Los Angeles, CA, argued the cause and filed briefs for appellant Dream Palace, et al. John H. Weston was on the briefs.

Scott E. Boehm, Copple, Chamberlin, Boehm & Murphy, P.C., Phoenix, AZ, argued the cause and filed briefs for appellee Maricopa County. Terry E. Eckhart, Office of Maricopa County Attorney, was on the briefs.

Before: CANBY, O'SCANNLAIN, and W. FLETCHER, Circuit Judges.


Opinion by Judge O'SCANNLAIN; Concurrence by Judge CANBY.

O'SCANNLAIN, Circuit Judge.

We must decide whether a local ordinance imposing certain licensing requirements and operating restrictions on adult entertainment establishments violates the First Amendment.

I

A

In 1996, the Arizona legislature amended § 11-821 of the Arizona Revised Statutes, to authorize counties to enact zoning...

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