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CITY OF CHICAGO v. POOH BAH ENTERPRISES

No. 99804.

865 N.E.2d 133 (2006)

224 Ill.2d 390

The CITY OF CHICAGO, Appellee, v. POOH BAH ENTERPRISES, INC., et al., Appellants.

Supreme Court of Illinois.

Dissenting Opinion Upon Denial of Rehearing March 5, 2007.

Attorney(s) appearing for the Case

David A. Epstein, Robert J. Weber, Thomas R. Rakowski, Chicago, for appellants.

Mara S. Georges, Corporation Counsel, Chicago (Lawrence Rosenthal, Benna Ruth Solomon, Meera Werth, Jane Elinor Notz, Myriam Zreczny Kasper, of counsel), for appellee.

OPINION

Justice KARMEIER delivered the judgment of the court, with opinion:

Section 4-60-140(d) of the Municipal Code of Chicago prohibits establishments licensed to serve alcoholic beverages from permitting any employee, entertainer or patron to engage in "any live act, demonstration, dance or exhibition * * * which exposes to public view * * * [h]is or her genitals, pubic hair, buttocks * * * or [a]ny portion of the female breast at or below the areola...

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