FOND DU LAC COUNTY v. MENTZEL

No. 94-1924.

195 Wis.2d 313 (1995)

536 N.W.2d 160

FOND DU LAC COUNTY, Plaintiff-Respondent, v. Donald D. MENTZEL, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 14, 1995.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, there were briefs by Raymond M. Dall'Osto and Kathryn A. Keppel of Milwaukee. There was oral argument by Raymond M. Dall'Osto.

On behalf of the plaintiff-respondent, there was a brief and oral argument by Kathryn J. Haupt, corporation counsel.

Before Anderson, P.J., Brown and Nettesheim, JJ.


BROWN, J.

Fond du Lac County has an ordinance requiring entertainers at Class B liquor establishments and dance halls to wear a minimal amount of clothing during performances, such as g-strings and pasties. We decide that although the ordinance is not unconstitutional as applied to Donald D. Mentzel, the owner of a Fond du Lac exotic nightclub, it is facially unconstitutional under the overbreadth doctrine because it encompasses nude expression which is not associated...

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