Gammoh, dba Taboo Theater aka Pelican Theater, et al. v. City of La Habra
United States Court of Appeals for the Ninth Circuit
395 F.3d 1114 (2005)
The City of La Habra (defendant) enacted Municipal Ordinance 1626 (the ordinance), which regulated adult businesses. The ordinance first described findings indicating that adult businesses contributed to crime, economic harm, and the spread of sexually transmitted diseases. Subsequent sections contained regulations aimed at ameliorating those secondary effects, including a prohibition on physical contact between performers and patrons (no-touch rule) and a requirement that dancers perform at least two feet away from patrons (two-foot rule). Bill Badi Gammoh (plaintiff) was the owner of an adult establishment where dancers offered off-stage dances, wearing minimal clothing, while seated on a patron’s lap. Gammoh and several dancers from his club (plaintiffs) challenged the ordinance’s two-foot rule as a complete ban on constitutionally protected expression. The district court upheld the ordinance. Gammoh and the dancers appealed.
Rule of Law
Holding and Reasoning (Tallman, J.)
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