United States Tenth Circuit

In a case in which female dancers sought to enjoin the enforcement of an ordinance requiring them to wear "G-strings" and "pasties," the district court's denial of the injunction is affirmed where plaintiffs put on no evidence to establish a likelihood that O'Brien factors two, three and four favored their case on the merits.

Appellate Information

• Decided 11/04/2003
• Published 11/04/2003

Judges

• McCONNELL, Circuit Judge., Before LUCERO, HARTZ and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• W. Andrew McCullough, McCullough & Associates, LLC, Midvale, UT, for Plaintiffs-Appellants.


• For Appellees:
  
• Scott D. Bergthold, Law Office of Scott D. Bergthold, P.L.L.C., Scottsdale, AZ (and David M. Carlson and Janice Frost, South Salt Lake, UT, with him on the briefs), for Defendant-Appellee.