United States Fourth Circuit

Order enjoining enforcement of a state statute prohibiting simulated sexual acts and fondling of sexual organs on premises licensed to serve alcohol by the defendants alcoholic beverage control commission, is reversed to the extent the district court found the statute unconstitutionally vague on its face, and to the extent the court found certain subsections facially overbroad, including simulated sex acts and fondling of intimate body parts.

Appellate Information

• Argued 10/24/2006
• Decided 12/15/2006
• Published 12/15/2006

Judges

• Before NIEMEYER, MOTZ, and TRAXLER, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Christopher G. Browning, Jr., Solicitor General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellants/Cross-Appellees.  J. Michael Murray, Berkman, Gordon, Murray & Devan, Cleveland, Ohio, for Appellees/Cross-Appellants.   ON BRIEF:  Roy Cooper, North Carolina Attorney General, John Foster Maddrey, North Carolina Assistant Solicitor General, John Julian Aldridge, III, Special Deputy Attorney General, North Carolina Department Of Justice, Raleigh, North Carolina, for Appellants/Cross-Appellees.  Steven D. Shafron, Berkman, Gordon, Murray & Devan, Cleveland, Ohio, for Appellees/Cross-Appellants.