United States Fifth Circuit

In a challenge to a city's requirement that female performers wear bikini tops, among other things, so that establishments avoid classification as sexually oriented businesses, 1) the City was not collaterally estopped from litigating the ordinance's constitutionality, and 2) the ordinance is a content-neutral time, place, or manner regulation, and is not overbroad.

Appellate Information

• Decided 06/20/2002
• Published 06/20/2002

Judges

• RHESA HAWKINS BARKSDALE, Circuit Judge:, Before DUHÉ, BARKSDALE and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Stephen Jeffrey Chapman,Law Offices of Stephen J. Chapman, Dallas, TX, for Case and Point, Inc. and OGC Restaurants., James Bickford Pinson, Asst. City Atty. (argued), Sangeeta Sharma Kuruppillai, Asst. City Atty., Dallas, TX, for City of Dallas, Tex., Thomas Craig Sheils, Sheils, Winnubst, Sanford & Bethune, Richardson, TX, for Dimitri Papathansiou, Tom K. Lazanas and Santa Fe Cabaret, LLC., Steven Hershey Swander (argued), Fort Worth, TX, for Baby Dolls Topless Saloons, Inc., MD II Entertainment, Inc., D. Burch, Inc. and Allen-Burch, Inc., Charles Joseph Quaid, Quaid & Quaid, Dallas, TX, for MD II Entertainment, Inc., D. Burch, Inc. and Allen-Burch, Inc., Roger Albright (argued), Dallas, TX, for Mainstage, Inc. and Club Hospitality, Inc.