AMERICAN ENTERTAINERS v. CITY OF ROCKY MOUNT

No. 17-1577.

888 F.3d 707 (2018)

AMERICAN ENTERTAINERS, L.L.C., a North Carolina limited liability company, d/b/a Gentleman's Playground, Plaintiff-Appellant, v. CITY OF ROCKY MOUNT, NORTH CAROLINA, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 27, 2018.


Attorney(s) appearing for the Case

Gary Scott Edinger , BENJAMIN, AARONSON, EDINGER & PATANZO, PA, Gainesville, Florida, for Appellant. James Nicholas Ellis , POYNER SPRUILL LLP, Rocky Mount, North Carolina, for Appellee.

Affirmed in part and vacated and remanded in part by published opinion. Judge Wynn wrote the opinion, in which Judge Agee joined. Judge Thacker wrote a concurring opinion.


The City of Rocky Mount, North Carolina ("Rocky Mount"), regulates "sexually oriented businesses" by requiring those businesses to obtain a license prior to operation. Appellant American Entertainers, LLC ("American Entertainers"), an exotic dancing venue, argues that the licensing regulation, in its entirety, violates the First...

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