Toni Egbert Naturist Law Library - © NEF
| U.S. Circuit Courts | Selector | Toni Egbert Naturist Law Library | NEF HOME |
Click here for complete text of the decision
in PDF format [42K]. Requires PDF reader software.
PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 05-1803
CONCHATTA INC.,
t/d/b/a CLUB RISQUE ON THE DELAWARE;
GAIL BAKER; SABRINA BARRAR
v.
*COL. JEFFREY B. MILLER, IN HIS
OFFICIAL CAPACITY AS
|COMMISSIONER, PENNSYLVANIA STATE POLICE
Conchatta, Inc.; Gail Baker;
Sabrina Barrar,
Appellants
* (Amended pursuant to F.R.A.P. 43(c))
On Appeal from the United States District Court
for the Eastern District of Pennsylvania|
(D.C. No. 01-cv-01207)
District Court Judge: Honorable John P. Fullam
Argued April 25, 2006
Before: FUENTES, STAPLETON and ALARCN,
Circuit Judges.
(Filed: August 15, 2006)
J. Michael Murray (ARGUED)
Steven D. Shafron
Raymond Vasvari
Berkman Gordon Murray & DeVan
55 Public Square, Suite 2121
Cleveland, OH 44113
ATTORNEYS FOR APPELLANTS
John O.J. Shellenberger (ARGUED)
Chief Deputy Attorney General
Calvin R. Koons
Senior Deputy Attorney General
John G. Knorr, III
Chief Deputy Attorney General
Chief, Appellate Litigation Section
Thomas W. Corbett, Jr.
Attorney General of Pennsylvania
Office of the Attorney General of Pennsylvania
21 South 12th Street
Philadelphia, PA 19107
ATTORNEYS FOR APPELLEE
OPINION OF THE COURT
FUENTES, Circuit Judge.
The operator of a club in Philadelphia that features seminude dancing, as well as two of its dancers, challenge a Pennsylvania Liquor Code statute and regulation that prohibit "lewd" entertainment at any licensed establishment. Plaintiffs argue that the statute and regulation are unconstitutional both on their face and as applied to plaintiffs. We conclude that the statute and regulation are facially invalid because they are substantially overbroad, punishing a significant amount of protected speech in relation to their legitimate scope.
. . .
| Top | U.S. Circuit Courts | Selector | Toni Egbert Naturist Law Library | NEF HOME |