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DOCTOR JOHN'S, INC. v. CITY OF ROY, UTAH

No. 1:03-CV-00081 PGC.

333 F.Supp.2d 1168 (2004)

DOCTOR JOHN'S, INC., a Utah corporation, and John Haltom, Plaintiffs and Counterclaim Defendants, v. CITY OF ROY, UTAH; G. Blake Wahlen, in his official capacity as City Manager; Tammy Nelson, in her official capacity as Development Services Manager, Defendants and Counter-Claimant.

United States District Court, D. Utah, Northern Division.

September 7, 2004.

Attorney(s) appearing for the Case

W. Andrew McCullough, McCullough & Associates, Midvale, UT, for Plaintiffs/Counter-Defendants.

Robert C. Keller, Jody K. Burnett, WIlliams & Hunt, Salt Lake City, UT, Defendants/Counter-Claimant.

MEMORANDUM OPINION DENYING MOTIONS FOR SUMMARY JUDGMENT

CASSELL, District Judge.

The parties are before the court on cross-motions for summary judgment. The court finds that the Roy City Ordinance § 17-5 regulating sexually oriented businesses does not violate the First Amendment and that the Doctor John's store located in Roy is subject to the provisions of the Ordinance. As such, summary judgment in favor of the City is hereby GRANTED.

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