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AMICO v. NEW CASTLE COUNTY, ETC.

Civ. A. No. 82-513.

553 F.Supp. 738 (1982)

Michael AMICO, Plaintiff, v. NEW CASTLE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF DELAWARE, Commission On Adult Entertainment Establishments, an entity within the State of Delaware, Department of Administrative Services, Division of Business and Occupational Regulation, and the State of Delaware, Defendants.

United States District Court, D. Delaware.

December 15, 1982.

Attorney(s) appearing for the Case

Alfred J. Lindh of Lindh & Halberstadt, Wilmington, Del., for plaintiff; Lewis H. Robertson of Levy & Robertson, Asbury, Park, N.J., of counsel.

Jonathan B. Taylor and Brian A. Sullivan of New Castle County Law Dept., Howard M. Berg of Howard M. Berg and Associates, Wilmington, Del., for defendant, New Castle County.

John J. Polk, Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for defendants, State of Del. and Commission on Adult Entertainment Establishments.

OPINION

CALEB M. WRIGHT, Senior District Judge.

In this action brought under 42 U.S.C. § 1983, the plaintiff contends that New Castle County Ordinance § 23-33 impermissibly burdens his first amendment rights and is therefore unconstitutional. Now before this Court is the defendant New Castle County's Motion for Dismissal based on ripeness and abstention grounds. A somewhat detailed recitation of the undisputed facts is necessary to an understanding...

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