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AMICO v. NEW CASTLE COUNTY

Civ. A. No. 82-513.

571 F.Supp. 160 (1983)

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.

As Amended September 23, 1983.

Attorney(s) appearing for the Case

Philip B. Beardsley, 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, and Stephen F. Dryden, of 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 Com'n on Adult Entertainment Establishments.

OPINION

CALEB M. WRIGHT, Senior District Judge.

In this action brought under 42 U.S.C. § 1983, the plaintiff Michael Amico contends that New Castle County and the State of Delaware have unconstitutionally burdened his first amendment rights and the first amendment rights of the citizens of New Castle County by refusing to issue him a permit to open an adult entertainment establishment. Various motions are presently before the Court. The defendant, New...

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