United States Second Circuit

In case involving a public indecency ordinance affecting adult entertainment business offering nude and semi-nude female dancing, as well as food and beverages, judgment granting declaratory and injunctive relief to plaintiff is affirmed over claims that: 1) the destruction of plaintiff's premises moots plaintiff's claims; and 2)the ordinance does not violate either the First Amendment or Article 13 of the Vermont Constitution because the Town acted out of concern for the negative secondary effects of public nudity.

Appellate Information

• Decided 03/28/2007
• Published 03/28/2007

Judges

• POOLER, Circuit Judge., Before CALABRESI, POOLER, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Kevin J. Coyle (William F. Ellis, on the brief), McNeil, Leddy & Sheahan, Burlington, VT, for Defendants-Appellants., H. Glenn Alberich, Burns & Levinson LLP, Boston, MA (David Putter, Montpelier, VT, on the brief), for Plaintiff-Appellee.