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B&S OF FORT WAYNE v. CITY OF FORT WAYNE

Court of Appeals Case No. 20A-MI-466.

159 N.E.3d 67 (2020)

B&S OF FORT WAYNE, INC., d/b/a Showgirl I; Showgirl III, Inc., d/b/a Showgirl III; and JCF, Inc., d/b/a Brandy's Lounge, Appellants-Plaintiffs, v. CITY OF FORT WAYNE, Indiana, Appellee-Defendant.

Court of Appeals of Indiana.

FILED October 29, 2020.

Attorney(s) appearing for the Case

Attorneys for Appellants: J. Michael Murray , Steven D. Shafron , William C. Livingston , Berkman, Gordon, Murray & DeVan, Cleveland, Ohio, James P. Buchholz , Angelica N. Fuelling , Tourkow, Crell, Rosenblatt & Johnson, LLP, Fort Wayne, Indiana.

Attorneys for Appellee: Robert W. Eherenman , Haller & Colvin, P.C., Fort Wayne, Indiana, Scott D. Bergthold , Law Office of Scott D. Bergthold, Chattanooga, Tennessee.

Statement of the Case

[1] In August of 2019, the City of Fort Wayne ("the City") passed an ordinance, Fort Wayne Ordinance No. G-19-19 ("the ordinance"), which regulates "sexually oriented businesses," including "adult cabarets." Appellants' App. Vol. 2 at 47. B&S of Fort Wayne, Inc., d/b/a Showgirl I; Showgirl III, Inc...

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