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NORFOLK 302, LLC v. VASSAR

Civil Action No. 2:07cv203.

524 F.Supp.2d 728 (2007)

NORFOLK 302, LLC, t/a, Have A Nice Day Café, et al., Plaintiffs, v. Esther H. VASSAR, Chair, Virginia Department of Alcoholic Beverage Control Board, et al., Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

November 21, 2007.

Attorney(s) appearing for the Case

James Neal Insley, Neal Insley PLC, Kevin Edward Martingayle, Stallings Bischoff PC, Virginia Beach, VA, for Plaintiffs.

Mike Melis, Commonwealth of Virginia, Richmond, VA, for Defendants.

OPINION AND ORDER

WALTER D. KELLEY, JR., District Judge.

In 2002, the United States Court of Appeals for the Fourth Circuit declared unconstitutional North Carolina's effort to ban sexually suggestive conduct in establishments that serve alcoholic beverages. Giovani Carandola, Ltd. v. Bason, 303 F.3d 507 (4th Cir.2002) (hereinafter "Carandola I")...

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