JOELNER v. VILLAGE OF WASHINGTON PARK, ILL.

Nos. 06-2901, 06-3252.

508 F.3d 427 (2007)

Eric JOELNER, Fish, Inc. d/b/a Xxxtreme Entertainment, Free Speech, Inc., and First Amendment, Inc., Plaintiffs-Appellees, v. The VILLAGE OF WASHINGTON PARK, ILLINOIS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 19, 2007.


Attorney(s) appearing for the Case

Robert Herman (argued), Schwartz, Herman & Davidson, St. Louis, MO, for Plaintiffs-Appellees.

Timothy A. Gutknecht (argued), Crowder & Scoggins, Columbia, IL, for Defendant-Appellant.

Before COFFEY, RIPPLE, and KANNE, Circuit Judges.


KANNE, Circuit Judge.

In this successive appeal, the Village of Washington Park ("the Village") challenges the district court's ruling that an ordinance prospectively banning alcohol in strip clubs opened in the future, but permanently exempting existing clubs from the ban, was unconstitutional. We previously determined that the Village's earlier restriction on the number of such clubs was "most likely" unconstitutional because it appeared to be "predominantly motivated...

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