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CONNOR v. TOWN OF HILTON HEAD ISLAND

No. 24039.

442 S.E.2d 608 (1994)

Dave CONNOR, Cadillac's, Inc., Coastal Petroleum Products, Inc., and Cynthia Burch, Respondents, v. The TOWN OF HILTON HEAD ISLAND, A Municipal Corporation, Henry C. Driessen, Jr., Frank R. Chapman, Russell L. Condit, Jr., Tom Peeples and S. Paul Ramsey, in their capacity as Town Council for the Town of Hilton Head Island, and Jeremiah J. Barkie, in his capacity as Mayor of the Town of Hilton Head Island, and Michael G. O'Neill, in his capacity as Town Manager for the Town of Hilton Head Island, Appellants.

Supreme Court of South Carolina.

Decided March 21, 1994.

Attorney(s) appearing for the Case

Curtis L. Coltrane, of Wilson and Coltrane, P.A., Hilton Head Island, for appellants.

James H. Moss and H. Fred Kuhn, Jr., of Moss and Kuhn, P.A., Beaufort, for respondents.

MOORE, Associate Justice.

Respondents commenced this action to enjoin enforcement of an ordinance prohibiting nude and semi-nude barroom dancing on the ground the ordinance violates their First Amendment rights to free speech. The trial judge enjoined enforcement of the ordinance. We affirm.

FACTS

In September 1991, Appellants (Town) adopted Ordinance No. 91-17. This ordinance makes it unlawful to own or operate a "sexually-oriented business...

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