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DOE v. LANDRY

No. 17-30292.

905 F.3d 290 (2018)

Jane DOE I; Jane Doe II; Jane Doe III, Plaintiffs-Appellees v. Jeff LANDRY, Attorney General for the State of Louisiana, Intervenor-Appellant Juana Marine-Lombard, in her official capacity as Commissioner, Louisiana Office of Alcohol and Tobacco Control, Defendant-Appellant

United States Court of Appeals, Fifth Circuit.

September 20, 2018.

Attorney(s) appearing for the Case

Harry A. Rosenberg, Esq. , Senior Attorney, Lindsay J. Calhoun , Jeremy Thomas Grabill , Phelps Dunbar, L.L.P., Suite 2000, 365 Canal Street, 1 Canal Place, New Orleans, LA 70130 for Plaintiffs-Appellees.

Scott Dean Bergthold, Esq. , Law Office of Scott D. Bergthold, P.L.L.C., Suite 106, 2290 Ogletree Avenue, Chattanooga, TN. 37421-8828, Elizabeth Baker Murrill, Esq. , Assistant Attorney General, Office of the Attorney General for the State of Louisiana, 1885 N. 3rd Street, Baton Rouge, LA 70802 for Intervenor-Appellant.

Renee G. Culotta, Esq. , Elizabeth Harper Emmett , Max L. Schellenberg, Esq. , Frilot, L.L.C., Suite 3700, 1100 Poydras Street, New Orleans, LA 70163 Defendant-Appellant.

Before STEWART, Chief Judge, CLEMENT, and SOUTHWICK, Circuit Judges.

In 2016, Louisiana amended two statutes to require that entertainers on premises licensed to serve alcohol and whose breasts or buttocks are exposed to view be 21 years of age or older. Three erotic dancers aged 18, 19, and 20 filed a complaint against the state official responsible for the Act's enforcement,...

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