BATES v. TOWNSHIP OF VAN BUREN

No. 05-2137.

459 F.3d 731 (2006)

Samantha BATES, Plaintiff-Appellant, v. TOWNSHIP OF VAN BUREN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 21, 2006.


Attorney(s) appearing for the Case

ARGUED: Michael L. Donaldson, Livonia, Michigan, for Appellant. James N. McNally, Sommers Schwartz, Southfield, Michigan, for Appellee. ON BRIEF: Michael L. Donaldson, Livonia, Michigan, for Appellant. James N. McNally, Patrick B. McCauley, David J. Szymanski, Sommers Schwartz, Southfield, Michigan, for Appellee.

Before: GILMAN and COOK, Circuit Judges; DOWD, District Judge.


COOK, J., delivered the opinion of the court, in which DOWD, D. J., joined.

GILMAN, J. (pp. 737-39), delivered a separate dissenting opinion.

OPINION

COOK, Circuit Judge.

Samantha Bates, a topless dancer at Leggs Lounge in the Township of Van Buren, Michigan, filed this § 1983 action challenging a town ordinance that prohibited nudity at "any establishment licensed or subject to licensing by...

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