Bamon Corp. v. City of Dayton

730 F. Supp. 80 (1990)

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Bamon Corp. v. City of Dayton

United States District Court for the Southern District of Ohio
730 F. Supp. 80 (1990)

Facts

The Bamon Corporation (plaintiff) was a business that operated an adult theater in Dayton, Ohio (defendant). Bamon’s theater included the exhibition of various sexually explicit materials. The building had dozens of viewing booths in which patrons could watch various forms of adult content. The booths were totally enclosed, with a door that patrons could lock. Dayton passed an ordinance regulating video booths that provided certain sexually explicit content. Specifically, such booths had to be well lighted, not obstructed by a door, have no holes, and be limited to one patron at a time. In response to Dayton’s new ordinance, Bamon sued. Bamon sought an order declaring the ordinance unconstitutional and permanently enjoining it. Specifically, as relevant here, Bamon argued that the ordinance violated patrons’ privacy rights and that the Video Privacy Protection Act of 1988 (VPPA) preempted the ordinance. Dayton moved for summary judgment, claiming that the ordinance was constitutional.

Rule of Law

Issue

Holding and Reasoning (Rice, J.)

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