United States Second Circuit

In a First Amendment challenge to an ordinance that regulated the operation of sexually oriented businesses, a preliminary injunction in favor of plaintiffs is vacated where the ordinance was sufficiently clear to provide plaintiff-store with notice that the proposed inventory in its zoning application qualified it as a sexually oriented business.

Appellate Information

• Decided 01/25/2010
• Published 01/25/2010

Judges

• Before MINER, STRAUB, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jane R. Rosenberg, Assistant Attorney General (Richard Blumenthal, Attorney General for the State of Connecticut, on the brief) Connecticut Attorney General's Office, Hartford, CT, for Amicus Curiae State of Connecticut.


• For Appellees:
  
• Jennifer M. Kinsley, Sirkin Pinales & Schwartz LLP, Cincinnati, OH (Daniel A. Silver, Silver & Silver LLP, New Britain, CT, on the brief), for Plaintiff-Appellee., Thomas R. Gerarde (Katherine E. Rule, on the brief), Howd & Ludorf, LLC, Hartford, CT, for Defendants-Appellants.