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WORTHAM v. CITY OF TUCSON

No. 2 CA-CIV 3641.

128 Ariz. 137 (1980)

624 P.2d 334

Bobby J. WORTHAM and Jack Wortham, dba Miracle Mile Theatre; and Habib Caruba, dba Follies Burlesque Theatres, Plaintiffs/Appellees, v. CITY OF TUCSON, a municipal corporation, and City of Tucson Director of Finance, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 4, 1981.

Review Denied March 3, 1981.

Attorney(s) appearing for the Case

Stompoly & Evan, P.C. by William G. Walker, Tucson, for plaintiffs/appellees.

Frederick S. Dean, City of Tucson, City Atty. by Louise B. Stratton, Tucson, for defendants/appellants.

OPINION

HOWARD, Judge.

At issue is the constitutionality of Ordinance No. 4783 which provides for the licensing and regulation of adult entertainment enterprises. In a declaratory action filed by appellees the trial court granted summary judgment in their favor and declared the ordinance unconstitutional. Although we find some parts of the ordinance to be constitutionally infirm, we believe they can be severed from the rest of the ordinance.

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