United States Sixth Circuit

In an action challenging a Michigan statute and regulations that prohibit entities with liquor licenses from allowing exotic dancers to perform fully nude, or mimick sexual acts, on stage, denial of injunctive relief for plaintiffs is reversed as preliminary injunctive relief was necessary in this case because the rules at issue could not survive either strict or intermediate scrutiny under a First Amendment challenge.

Appellate Information

• Argued 01/31/2007
• Decided 08/30/2007
• Published 08/30/2007

Judges

• Before: MARTIN, BATCHELDER, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Timothy P. Murphy, St. Clair Shores, Michigan, for Appellants.  Rosendo Asevedo, Jr., Michigan Liquor Control Commission, Farmington, Michigan, for Appellees.   ON BRIEF:Timothy P. Murphy, St. Clair Shores, Michigan, Michael L. Donaldson, Livonia, Michigan, for Appellants.   Rosendo Asevedo, Jr., Michigan Liquor Control Commission, Farmington, Michigan, for Appellees.