United States Tenth Circuit

In an action claiming that defendant-city's ordinance regulating sexually oriented businesses violates the First Amendment, summary judgment on remand for the city is affirmed where the evidence plaintiff submitted to the district court did not cast doubt on the city's rationale for its ordinance under the burden-shifting scheme of City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002), Step 2.

Appellate Information

• Decided 09/16/2008
• Published 09/17/2008

Judges

• PAUL KELLY, JR., Circuit Judge., Before KELLY, McCONNELL, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

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


• For Appellees:
  
• Robert Keller (Jody K. Burnett of Williams & Hunt, on the brief) Salt Lake City, UT, for Defendants-Appellees.