United States Ninth Circuit

In a suit to determine whether a local ordinance imposing licensing and operating regulations on adult entertainment establishments violated the First Amendment, the invalid portions are severable from the remainder, and the prohibition on specified sexual activity is the only portion that should be enjoined.

Appellate Information

• Argued 02/11/2003
• Decided 09/27/2004
• Published 09/27/2004

Judges

• Before: CANBY, O'SCANNLAIN, and W. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• G. Randall Garrou, Weston, Garrou & DeWitt, Los Angeles, CA, argued the cause and filed briefs for appellant Dream Palace, et al.  John H. Weston was on the briefs.


• For Appellees:
  
• Scott E. Boehm, Copple, Chamberlin, Boehm & Murphy, P.C., Phoenix, AZ, argued the cause and filed briefs for appellee Maricopa County.  Terry E. Eckhart, Office of Maricopa County Attorney, was on the briefs.