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Doran v. Salem Inn, Inc.

United States Supreme Court
422 U.S. 922 (1975)


Salem Inn, Tim-Rob Bar, and M & L Restaurant (plaintiffs) all featured topless dancers. The Town of North Hempstead, where these businesses where located, passed an ordinance prohibiting this type of entertainment. The businesses initially complied and sought a declaratory judgment in federal court that the ordinance was unconstitutional. The businesses also sought a temporary restraining order and a preliminary injunction against the enforcement of the ordinance. The day after filing the lawsuit, M & L resumed topless dancing. M & L was cited for violating the ordinance on that same day and the following three days. Subsequently, the trial court granted the preliminary injunction with respect to all three businesses. The trial court determined that M & L would normally be barred under the Younger doctrine but that it was anomalous to grant relief for just two of the businesses. The Court of Appeals for the Second Circuit affirmed.

Rule of Law


Holding and Reasoning (Rehnquist, J.)

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