HAMILTON'S BOGARTS, INC. v. MICHIGAN

No. 06-1436.

501 F.3d 644 (2007)

HAMILTON'S BOGARTS, INC.; Kathleen Polzin, Plaintiffs-Appellants, v. State of MICHIGAN; Michigan Liquor Control Commission; Jennifer Granholm; Nida Samon, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 30, 2007.


Attorney(s) appearing for the Case

ARGUED: Timothy P. Murphy, St. Clair Shores, Michigan, for Appellants. Rosendo Asevedo, Jr., Michigan Liquor Control Commission, Farmington, Michigan, for Appellees. ON BRIEF: Timothy P. Murphy, St. Clair Shores, Michigan, Michael L. Donaldson, Livonia, Michigan, for Appellants. Rosendo Asevedo, Jr., Michigan Liquor Control Commission, Farmington, Michigan, for Appellees.

Before: MARTIN, BATCHELDER, and McKEAGUE, Circuit Judges.


MARTIN, J., delivered the opinion of the court, in which McKEAGUE, J., joined. BATCHELDER, J. (p. 654-55), delivered a separate concurring opinion.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Plaintiffs Hamilton's Bogarts, Inc. — operator of an adult entertainment establishment with a Michigan liquor license — and Kathleen Polzin — an exotic dancer — brought this lawsuit to challenge a Michigan statute and regulations...

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