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J.L. SPOONS, INC. v. DRAGANI

No. 07-3178.

538 F.3d 379 (2008)

J.L. SPOONS, INC., Plaintiff-Appellee, v. Nancy J. DRAGANI, Acting-Director, Ohio Department of Safety, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 15, 2008.

Attorney(s) appearing for the Case

ARGUED: Robert J. Krummen, Office of the Ohio Attorney General, Columbus, Ohio, for Appellants. J. Michael Murray, Berkman, Gordon, Murray & DeVan, Cleveland, Ohio, for Appellee. ON BRIEF; Robert J. Krummen, William P. Marshall, Charles E. Febus, Office of the Ohio Attorney General, Columbus, Ohio, for Appellants. J. Michael Murray, Berkman, Gordon, Murray & DeVan, Cleveland, Ohio, for Appellee.

SILER, J., delivered the opinion of the court, in which RYAN, J., joined. COLE, J. (pp. ___ - ___), delivered a separate dissenting opinion.

OPINION

SILER, Circuit Judge.

Plaintiffs, a group of strip club owners in Ohio, challenged Ohio Liquor Control Commission Rule 52 on First Amendment grounds. Enacted in 2004, Rule 52 provided that an establishment holding a liquor permit may not knowingly or willfully allow nudity or sexual activity on its premises. The district court granted plaintiffs a temporary injunction against enforcement of Rule 52. Later, it declared that parts of Rule 52 were unconstitutionally...

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