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729, INC. v. KENTON COUNTY FISCAL COURT

No. 06-6390.

515 F.3d 485 (2008)

729, INC., Foxx Restaurants, Inc., The Venus Lounge, Inc., Patsy Hiatt, Tina Sturgeon, Wanda Blankenship, Plaintiffs-Appellants, Foster, Inc., Plaintiff, Kim Foran, Liberty's Show Lounge, Inc., Intervening Plaintiffs, v. KENTON COUNTY FISCAL COURT, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 6, 2008.

Attorney(s) appearing for the Case

ARGUED: Jennifer M. Kinsley, Sirkin, Finales & Schwartz, Cincinnati, Ohio, for Appellants. Christopher S. Nordloh, Nordloh Law Office, Covington, Kentucky, for Appellee. ON BRIEF: Jennifer M. Kinsley, H. Louis Sirkin, Sirkin, Finales & Schwartz, Cincinnati, Ohio, for Appellants. Christopher S. Nordloh, Nordloh Law Office, Covington, Kentucky, Garry L. Edmondson, Stacy M. Hege, Kenton County Attorney's Office, Covington, Kentucky, for Appellee.

Before: BOGGS, Chief Judge; and CLAY and ROGERS, Circuit Judges.

BOGGS, C.J., delivered the opinion of the court, in which ROGERS, J., joined. CLAY, J. (pp. 505-11), delivered a separate opinion dissenting in part and concurring in part.

OPINION

BOGGS, Chief Judge.

This case stems from Kenton County's enactment of a licensing ordinance that comprehensively regulates sexually oriented businesses within the County's jurisdiction. A group of such businesses and their employees...

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