United States Ninth Circuit

Dismissal of a complaint challenging, based on the constitutional right of privacy, an ordinance prohibiting the operation of "live sex act" businesses in Phoenix, Arizona, is vacated and remanded with directions where, although the district court correctly determined plaintiff lacked standing to assert any cognizable privacy rights under the allegations in its complaint, the court improperly proceeded to reach the merits, determining that plaintiff's customers could not state a claim for relief under any conceivable set of facts.

Appellate Information

• Decided 12/22/2006
• Published 12/22/2006

Judges

• D.W. NELSON, Senior Circuit Judge:, Before: D.W. NELSON, COWEN, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Paul Gattone, Tucson, AZ, for the appellant.


• For Appellees:
  
• James H. Hays, Assistant City Attorney, Phoenix, AZ, for the appellee.