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VIP of Berlin v. Middlebrooks, No. 09-2950

In a First Amendment challenge to an ordinance that regulated the operation of sexually oriented businesses, a preliminary injunction in favor of plaintiffs is vacated where the ordinance was sufficiently clear to provide plaintiff-store with notice that the proposed inventory in its zoning application qualified it as a sexually oriented business.

Read VIP of Berlin v. Middlebrooks, No. 09-2950

Appellate Information

Argued: September 15, 2009

Decided: January 25, 2010


Opinion by Judge Straub


For Appellants:

Thomas R. Gerarde and Katherine E. Rule, Howd & Ludorf, LLC, Hartford, CT

For Appellee:

Jennifer M. Kinsley, Sirkin Pinales & Schwartz LLP, Cincinnati, OH