CONCHATTA INC. v. MILLER

No. 05-1803.

458 F.3d 258 (2006)

CONCHATTA INC., t/d/b/a Club Risque on the Delaware; Gail Baker; Sabrina Barrar v. Col. Jeffrey B. MILLER, in his Official Capacity as Commissioner, Pennsylvania State Police. Conchatta, Inc.; Gail Baker; Sabrina Barrar, Appellants.

United States Court of Appeals, Third Circuit.

Filed August 15, 2006.


Attorney(s) appearing for the Case

J. Michael Murray, (Argued), Steven D. Shafron, Raymond Vasvari, Berkman Gordon Murray & DeVan, Cleveland, OH, Attorneys for Appellants.

John O.J. Shellenberger, (Argued), Chief Deputy Attorney General, Calvin R. Koons, Senior Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General, Chief, Appellate Litigation Section, Thomas W. Corbett, Jr., Attorney General of Pennsylvania, Office of the Attorney General of Pennsylvania, Philadelphia, PA, Attorneys for Appellee.

Before FUENTES, STAPLETON and ALARCÓN, Circuit Judges.


FUENTES, Circuit Judge.

The operator of a club in Philadelphia that features semi-nude dancing, as well as two of its dancers, challenge a Pennsylvania Liquor Code statute and regulation that prohibit "lewd" entertainment at any licensed establishment. Plaintiffs argue that the statute and regulation are unconstitutional both on their face and as applied to plaintiffs. We conclude that the statute and regulation are facially invalid because they are substantially...

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