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DOCTOR JOHN'S, INC. v. CITY OF ROY

No. 04-4270.

465 F.3d 1150 (2006)

DOCTOR JOHN'S, INC., a Utah Corporation; and John Haltom, Plaintiffs-Appellants, v. CITY OF ROY; G. Blake Wahlen, in his official capacity as City Manager; and Tammy Nelson, in her official capacity as Development Services Manager, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 10, 2006.

Attorney(s) appearing for the Case

W. Andrew McCullough, McCullough & Associates, LLC, Midvale, UT (Michael W. Gross, Schwartz & Goldberg, PC, with him on the briefs), for Plaintiffs-Appellants.

Robert C. Keller (Jody K. Burnett, with him on the brief), Williams & Hunt, Salt Lake City, UT, for Defendants-Appellees.

Before HENRY, EBEL, and TYMKOVICH, Circuit Judges.

EBEL, Circuit Judge.

Plaintiff-Appellant Dr. John's, Inc. ("Dr. John's") operates stores that sell, among other things, a range of "adult" products. After Dr. John's located a store within its city limits, Defendant-Appellee Roy City ("Roy City" or "City") passed an ordinance subjecting "sexually oriented businesses" to certain regulations. Dr. John's challenged this ordinance on a variety of constitutional grounds; the district court rejected them all. We agree with...

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