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MITCHELL v. COM'RS OF COM'N ON ADULT ENT. EST.

Civ. A. No. 91-436 MMS.

802 F.Supp. 1112 (1992)

Francis R. MITCHELL and Bob's Discount Adult Books, Inc., a corporation of the State of Delaware, Plaintiffs, v. COMMISSIONERS OF the COMMISSION ON ADULT ENTERTAINMENT ESTABLISHMENTS OF THE STATE OF DELAWARE, an entity within the State of Delaware, Department of Administrative Services, Division of Business and Occupational Regulation, in their official capacities, and Charles M. Oberly, III, in his official capacity as Attorney General of the State of Delaware, and Secretary, Delaware, Department of Health and Social Services, an entity within the State of Delaware, Defendants.

United States District Court, D. Delaware.

August 27, 1992.

Attorney(s) appearing for the Case

Stephen F. Dryden, Heckler & Cattie, Wilmington, Del. (Lewis H. Robertson, Evans, Osborne & Kreizman, Little Silver, N.J., of counsel), for plaintiffs.

James J. Hanley, John K. Welch, and Kevin R. Slatterly, Deputy Attys. Gen., State of Del. Dept. of Justice, Wilmington, Del., for defendants.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

Plaintiffs filed suit seeking a judgment declaring unconstitutional and granting permanent injunctive relief from two recently enacted amendments to a Delaware statute regulating adult entertainment establishments. The statute regulates closing hours and imposes open-booth requirements on adult entertainment establishments. Defendants filed a cross-motion for summary judgment urging the Court to uphold the...

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