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J.L. SPOONS, INC. v. MORCKEL

Nos. 1:98CV2857, 1:04CV0314.

314 F.Supp.2d 746 (2004)

J.L. SPOONS, INC., et al., Plaintiffs, v. Kenneth MORCKEL, et al., Defendants.

United States District Court, N.D. Ohio, Eastern Division.

April 1, 2004.

Attorney(s) appearing for the Case

J. Michael Murray, Berkman, Gordon, Murray & DeVan, Raymond V. Vasvari, Jr., Berkman Gordon Murray & Devan, Steven D. Shafron, Berkman, Gordon, Murray & DeVan, Cleveland, OH, for J.L. Spoons, Inc., dba Christie's Cabaret of Brunswick Entertainment U.S.A. of Cleveland, Inc., dba Christie's Cabaret of Cleveland SSY, Inc., dba Christie's Cabaret of Youngstown Buckeye Association of Club Executives, Plaintiffs.

Charles E. Febus, Office of the Attorney General, Elise W. Porter, Office of the Attorney General, State of Ohio, Anthony D. Siciliano, Office of the Attorney General, Columbus, OH, for Kenneth Morckel, in his official capacity as Director, Ohio Department of Public Safety, Ohio Department of Public Safety, Rocco J. Colonna, in his official capacity as a member of the Ohio Liquor Control Commission, Keith McNamara, in his official capacity as Chairman of the Ohio Liquor Control Commission, Janet Cohen Howard, in her official capacity as a member of the Ohio Liquor Control Commission, Ohio Liquor Control Commission, Defendants.

MEMORANDUM AND ORDER

ANN ALDRICH, District Judge.

This action represents the latest challenge to a series of efforts by the State of Ohio and its agents to craft regulations limiting the display of nudity and sexual behavior in liquor-serving establishments. This Court has previously invalidated portions of Ohio Administrative Code § 4301:1-1-52 ("Rule 52") as unconstitutional. See J.L. Spoons, Inc. v. City of Brunswick, 181 F.R.D. 354...

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