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NITE MOVES ENTERTAINMENT, INC. v. CITY OF BOISE

No. CV-00-449-S-BLW.

153 F.Supp.2d 1198 (2001)

NITE MOVES ENTERTAINMENT, INC., an Idaho corporation, Erotic City, a sole proprietorship, and Spontaneous Productions, Inc, an Idaho corporation, Plaintiffs, v. CITY OF BOISE, an Idaho municipal corporation, Defendant.

United States District Court, D. Idaho.

January 17, 2001.

Attorney(s) appearing for the Case

Debora K. Kristensen, Givens Pursley, Boise, ID, for plaintiffs.

Robert B. White, Givens Pursley & Huntley, Boise, ID, for Jamie Collins.

Susan L. Mimura, Kevin S. Borger, Boise City Prosecuting Attorney's Office, Boise, ID, for defendant.

MEMORANDUM DECISION AND ORDER

WINMILL, Chief Judge.

Introduction

The Court finds that Boise's nudity ordinance violates the First Amendment. By banning anything more revealing than short shorts and modest halter tops, the ordinance sweeps too broadly in curtailing expressive nude dancing, protected by the First Amendment under Supreme Court case law. The Court therefore finds the ordinance void and unenforceable. The Court's analysis is set forth...

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