city
erie
et
al
pap
tdba
kandyland
argued
november
decided
march
erie
pennsylvania
enacted
ordinance
making
summary
offense
knowingly
intentionally
appear
public
state
nudity
respondent
pap
hereinafter
pap
pennsylvania
corporation
operated
kandyland
erie
establishment
featuring
totally
nude
erotic
dancing
women
comply
ordinance
dancers
wear
minimum
pasties
pap
filed
suit
erie
city
officials
seeking
declaratory
relief
permanent
injunction
ordinance
enforcement
common
pleas
struck
ordinance
unconstitutional
commonwealth
reversed
pennsylvania
turn
reversed
finding
ordinance
public
nudity
sections
violated
pap
right
freedom
expression
protected
first
fourteenth
amendments
pennsylvania
held
nude
dancing
expressive
conduct
entitled
quantum
protection
first
amendment
view
noted
endorsed
eight
members
barnes
glen
theatre
pennsylvania
explained
although
one
stated
purpose
ordinance
combat
negative
secondary
effects
also
unmentioned
purpose
impact
negatively
erotic
message
dance
accordingly
pennsylvania
concluded
ordinance
related
suppression
expression
ordinance
content
neutral
subject
strict
scrutiny
held
ordinance
failed
narrow
tailoring
requirement
strict
scrutiny
granted
certiorari
pap
filed
motion
dismiss
case
moot
noting
kandyland
longer
operated
nude
dancing
club
pap
operate
club
location
denied
motion
held
judgment
reversed
case
remanded
reversed
remanded
justice
delivered
opinion
respect
parts
ii
concluding
case
moot
case
moot
issues
presented
longer
live
parties
lack
legally
cognizable
interest
outcome
county
los
angeles
davis
simply
closing
kandyland
sufficient
moot
case
pap
still
incorporated
pennsylvania
law
decide
operate
nude
dancing
establishment
erie
moreover
pap
failed
despite
obligation
mention
potential
mootness
issue
brief
opposition
filed
kandyland
closed
property
sold
see
board
license
tiverton
pastore
event
run
mill
voluntary
cessation
case
plaintiff
prevailed
seeks
case
declared
moot
defendant
city
seeks
invoke
federal
judicial
power
obtain
review
decision
cf
asarco
kadish
city
ongoing
injury
barred
enforcing
ordinance
public
nudity
provisions
ordinance
found
constitutional
erie
enforce
availability
relief
sufficient
prevent
case
moot
see
church
scientology
cal
pap
still
concrete
stake
case
outcome
extent
interest
resuming
operations
interest
preserving
judgment
interest
preventing
litigants
attempting
manipulate
jurisdiction
insulate
favorable
decision
review
counsels
finding
mootness
see
grant
pp
justice
joined
chief
justice
justice
kennedy
justice
breyer
concluded
parts
iii
iv
government
restrictions
public
nudity
erie
ordinance
evaluated
framework
set
forth
restrictions
symbolic
speech
although
state
nudity
inherently
expressive
condition
nude
dancing
type
issue
expressive
conduct
falls
within
outer
ambit
first
amendment
protection
see
barnes
supra
plurality
opinion
level
scrutiny
applies
determined
whether
ordinance
related
suppression
expression
texas
johnson
governmental
purpose
enacting
ordinance
unrelated
suppression
ordinance
need
satisfy
less
stringent
intermediate
standard
johnson
supra
governmental
interest
related
expression
content
however
ordinance
falls
outside
must
justified
demanding
strict
scrutiny
standard
johnson
supra
almost
identical
public
nudity
ban
held
violate
first
amendment
barnes
although
five
members
agreed
single
rationale
conclusion
ordinance
like
statute
barnes
face
general
prohibition
public
nudity
terms
regulates
conduct
alone
target
nudity
contains
erotic
message
rather
bans
public
nudity
regardless
whether
nudity
accompanied
expressive
activity
although
pap
contends
ordinance
related
suppression
expression
preamble
suggests
actual
purpose
prohibit
erotic
dancing
type
performed
kandyland
pennsylvania
interpreted
language
rather
pennsylvania
construed
preamble
mean
one
purpose
ordinance
combat
negative
secondary
effects
ordinance
aimed
combating
crime
negative
secondary
effects
caused
presence
adult
entertainment
establishments
like
kandyland
suppressing
erotic
message
conveyed
type
nude
dancing
see
see
also
boos
barry
pennsylvania
ultimate
conclusion
ordinance
nevertheless
content
based
relied
justice
white
position
dissent
barnes
ban
type
necessarily
purpose
suppressing
erotic
message
dance
view
rejected
majority
barnes
rejected
pap
argument
ordinance
aimed
suppressing
expression
ban
nude
dancing
really
argument
erie
also
illicit
motive
enacting
ordinance
however
strike
otherwise
constitutional
statute
basis
alleged
illicit
motive
supra
even
erie
public
nudity
ban
minimal
effect
erotic
message
muting
portion
expression
occurs
last
stitch
dropped
dancers
kandyland
establishments
free
perform
wearing
pasties
effect
overall
expression
therefore
de
minimis
able
regulate
secondary
effects
de
minimis
intrusions
expression
sufficient
render
ordinance
content
based
see
clark
community
creative
thus
erie
ordinance
valid
satisfies
test
pp
erie
ordinance
satisfies
test
first
ordinance
within
erie
constitutional
power
enact
city
efforts
protect
public
health
safety
clearly
within
police
powers
second
ordinance
furthers
important
government
interests
regulating
conduct
public
nudity
ban
combating
harmful
secondary
effects
associated
nude
dancing
terms
demonstrating
secondary
effects
pose
threat
city
need
conduct
new
studies
produce
evidence
independent
already
generated
cities
long
evidence
relied
reasonably
believed
relevant
problem
addressed
renton
playtime
theatres
erie
reasonably
rely
evidentiary
foundation
set
forth
renton
young
american
mini
theatres
effect
secondary
effects
caused
presence
even
one
adult
entertainment
establishment
given
neighborhood
see
renton
supra
fact
erie
expressly
relied
barnes
discussion
secondary
effects
including
reference
renton
american
mini
theatres
evidentiary
standard
described
renton
controls
erie
meets
standard
event
ordinance
preamble
also
relies
city
council
express
findings
certain
lewd
immoral
activities
carried
public
places
profit
highly
detrimental
public
health
safety
welfare
council
members
familiar
commercial
downtown
erie
individuals
likely
knowledge
took
place
around
nude
dancing
establishments
make
particularized
expert
judgments
resulting
harmful
secondary
effects
fcc
national
citizens
comm
broadcasting
fact
sort
leeway
appropriate
case
involves
restriction
regulates
conduct
says
nothing
whatsoever
appropriateness
case
involving
actual
regulation
first
amendment
expression
also
although
requiring
dancers
wear
pasties
may
greatly
reduce
secondary
effects
requires
regulation
interest
combating
effects
ordinance
also
satisfies
third
factor
government
interest
unrelated
suppression
free
expression
discussed
supra
fourth
factor
restriction
greater
essential
furtherance
government
interest
satisfied
well
ordinance
regulates
conduct
incidental
impact
expressive
element
nude
dancing
de
minimis
pasties
requirement
minimal
restriction
furtherance
asserted
government
interests
restriction
leaves
ample
capacity
convey
dancer
erotic
message
see
barnes
supra
pp
justice
scalia
joined
justice
thomas
agreed
pennsylvania
decision
must
reversed
disagreed
mode
analysis
applied
erie
modeled
ordinance
public
nudity
statute
upheld
barnes
glen
theatre
calculating
one
supposed
reasonably
pennsylvania
courts
consider
bound
judgment
question
federal
constitutional
law
statute
constitutional
survived
lower
level
first
amendment
scrutiny
general
law
regulating
conduct
specifically
directed
expression
subject
first
amendment
scrutiny
scalia
concurring
judgment
erie
ordinance
terms
prohibits
merely
nude
dancing
act
irrespective
whether
engaged
expressive
purposes
going
nude
public
facts
preamble
explains
ordinance
purpose
part
limiting
recent
increase
nude
live
entertainment
city
councilmembers
supporting
ordinance
commented
effect
ordinance
includes
definition
nudity
exposure
devices
simulating
condition
neither
make
law
less
general
reach
demonstrate
municipal
authorities
really
find
objectionable
expression
rather
public
nakedness
city
made
effort
enforce
ordinance
production
equus
involving
nudity
staged
erie
time
ordinance
became
effective
render
ordinance
discriminatory
face
assertion
city
counsel
trial
ordinance
cover
theatrical
productions
extent
expressive
activity
rose
higher
level
protected
expression
simply
meant
ordinance
enforceable
productions
constitution
forbade
limitation
cause
ordinance
generally
applicable
relevant
sense
targeted
expressive
conduct
moreover
even
concluded
erie
specifically
singled
activity
nude
dancing
ordinance
still
violate
first
amendment
unless
proved
record
communicative
character
nude
dancing
prompted
ban
see
need
identify
secondary
effects
associated
nude
dancing
erie
properly
seek
eliminate
traditional
power
government
foster
good
morals
acceptability
traditional
judgment
nude
public
dancing
immoral
repealed
first
amendment
pp
announced
judgment
delivered
opinion
respect
parts
ii
rehnquist
kennedy
souter
breyer
joined
opinion
respect
parts
iii
iv
rehnquist
kennedy
breyer
joined
scalia
filed
opinion
concurring
judgment
thomas
joined
souter
filed
opinion
concurring
part
dissenting
part
stevens
filed
dissenting
opinion
ginsburg
joined
city
erie
et
petitioners
pap
tdba
kandyland
writ
certiorari
pennsylvania
western
district
march
justice
announced
judgment
delivered
opinion
respect
parts
ii
opinion
respect
parts
iii
iv
chief
justice
justice
kennedy
justice
breyer
join
city
erie
pennsylvania
enacted
ordinance
banning
public
nudity
respondent
pap
hereinafter
pap
operated
nude
dancing
establishment
erie
challenged
constitutionality
ordinance
sought
permanent
injunction
enforcement
pennsylvania
although
noting
barnes
glen
theatre
upheld
indiana
ordinance
strikingly
similar
erie
found
public
nudity
sections
ordinance
violated
respondent
right
freedom
expression
constitution
case
raises
question
whether
pennsylvania
properly
evaluated
ordinance
constitutionality
first
amendment
hold
erie
ordinance
regulation
satisfies
test
accordingly
reverse
decision
pennsylvania
remand
consideration
remaining
issues
september
city
council
city
erie
pennsylvania
enacted
ordinance
public
indecency
ordinance
makes
summary
offense
knowingly
intentionally
appear
public
state
nudity
respondent
pap
pennsylvania
corporation
operated
establishment
erie
known
kandyland
featured
totally
nude
erotic
dancing
performed
women
comply
ordinance
dancers
must
wear
minimum
pasties
october
two
days
ordinance
went
effect
pap
filed
complaint
city
erie
mayor
city
members
city
council
seeking
declaratory
relief
permanent
injunction
enforcement
ordinance
common
pleas
erie
county
granted
permanent
injunction
struck
ordinance
unconstitutional
civ
pet
cert
cross
appeals
commonwealth
reversed
trial
order
pennsylvania
granted
review
reversed
concluding
public
nudity
provisions
ordinance
violated
respondent
rights
freedom
expression
protected
first
fourteenth
amendments
pennsylvania
first
inquired
whether
nude
dancing
constitutes
expressive
conduct
within
protection
first
amendment
noted
act
nude
entitled
first
amendment
protection
conveys
message
nude
dancing
however
expressive
conduct
entitled
quantum
protection
first
amendment
view
pennsylvania
noted
endorsed
eight
members
barnes
pennsylvania
next
inquired
whether
government
interest
enacting
ordinance
content
neutral
explaining
regulations
unrelated
suppression
expression
subject
strict
scrutiny
less
stringent
standard
supra
answer
question
whether
ordinance
content
based
turned
decision
barnes
although
pennsylvania
noted
indiana
statute
issue
barnes
strikingly
similar
ordinance
examining
concluded
nfortunately
purposes
barnes
splintered
produced
four
separate
opinions
canvassing
separate
opinions
pennsylvania
concluded
although
permissible
find
precedential
effect
fragmented
decision
majority
must
agreement
concept
deemed
holding
see
marks
pennsylvania
noted
aside
agreement
majority
barnes
nude
dancing
entitled
first
amendment
protection
find
point
majority
barnes
agreed
accordingly
concluded
clear
precedent
arises
barnes
issue
whether
erie
ordinance
passes
muster
first
amendment
ibid
determined
precedent
point
pennsylvania
conducted
independent
examination
ordinance
ascertain
whether
related
suppression
expression
concluded
although
one
purposes
ordinance
combat
negative
secondary
effects
nextricably
bound
stated
purpose
unmentioned
purpose
impact
negatively
erotic
message
dance
determined
ordinance
content
based
subject
strict
scrutiny
ordinance
failed
narrow
tailoring
requirement
strict
scrutiny
found
imposing
criminal
civil
sanctions
commit
sex
crimes
far
narrower
means
combating
secondary
effects
requirement
dancers
wear
pasties
concluding
ordinance
unconstitutionally
burdened
respondent
expressive
conduct
pennsylvania
determined
pennsylvania
law
public
nudity
provisions
ordinance
severed
rather
striking
ordinance
entirety
accordingly
severed
ordinance
reversed
order
commonwealth
determined
public
nudity
provisions
ordinance
violated
pap
right
freedom
expression
constitution
address
constitutionality
ordinance
pennsylvania
constitution
claim
ordinance
unconstitutionally
overbroad
ibid
separate
concurrence
two
justices
pennsylvania
noted
upheld
virtually
identical
statute
barnes
ordinance
upheld
constitution
reached
result
majority
however
held
public
nudity
sections
ordinance
violate
pennsylvania
constitution
city
erie
petitioned
writ
certiorari
granted
shortly
thereafter
pap
filed
motion
dismiss
case
moot
noting
kandyland
longer
operating
nude
dancing
club
pap
operating
nude
dancing
club
location
respondent
motion
dismiss
moot
denied
motion
ii
preliminary
matter
must
address
justiciability
case
moot
issues
presented
longer
live
parties
lack
legally
cognizable
interest
outcome
county
los
angeles
davis
quoting
powell
mccormack
underlying
concern
challenged
conduct
ceases
reasonable
expectation
wrong
repeated
grant
becomes
impossible
grant
effectual
relief
whatever
prevailing
party
church
scientology
cal
quoting
mills
green
case
opinion
legality
challenged
action
advisory
pap
submitted
affidavit
stating
ceased
operate
nude
dancing
establishment
erie
status
report
potential
issue
mootness
pap
asserts
case
therefore
moot
outcome
case
effect
upon
respondent
respondent
motion
dismiss
moot
simply
closing
kandyland
sufficient
render
case
moot
however
pap
still
incorporated
pennsylvania
law
decide
operate
nude
dancing
establishment
erie
see
petitioner
brief
opposition
motion
dismiss
ustice
calia
differs
assessment
likelihood
pap
may
resume
nude
dancing
operation
several
members
attest
however
advanced
age
pap
owner
make
absolutely
clear
life
quiet
retirement
reasonable
expectation
cf
friends
earth
laidlaw
environmental
services
toc
moreover
appraisal
pap
affidavit
influenced
pap
failure
despite
obligation
mention
word
potential
mootness
issue
brief
opposition
petition
writ
certiorari
filed
april
even
though
justice
scalia
points
kandyland
closed
property
sold
see
board
license
tiverton
pastore
per
curiam
pap
raised
issue
granted
certiorari
event
run
mill
voluntary
cessation
case
plaintiff
prevailed
seeks
case
declared
moot
city
erie
seeks
invoke
federal
judicial
power
obtain
review
pennsylvania
decision
cf
asarco
kadish
city
ongoing
injury
barred
enforcing
public
nudity
provisions
ordinance
challenged
ordinance
found
constitutional
erie
enforce
availability
relief
sufficient
prevent
case
moot
see
church
scientology
cal
supra
pap
still
concrete
stake
outcome
case
extent
pap
interest
resuming
operations
interest
preserving
judgment
pennsylvania
interest
preventing
litigants
attempting
manipulate
jurisdiction
insulate
favorable
decision
review
counsels
finding
mootness
see
grant
supra
cf
arizonans
official
english
arizona
although
issue
close
conclude
case
moot
turn
merits
iii
state
nudity
inherently
expressive
condition
explained
barnes
however
nude
dancing
type
issue
expressive
conduct
although
think
falls
within
outer
ambit
first
amendment
protection
see
barnes
glen
theatre
plurality
opinion
schad
mount
ephraim
determine
level
scrutiny
applies
ordinance
issue
must
decide
whether
state
regulation
related
suppression
expression
texas
johnson
see
also
governmental
purpose
enacting
regulation
unrelated
suppression
expression
regulation
need
satisfy
less
stringent
standard
evaluating
restrictions
symbolic
speech
texas
johnson
supra
supra
government
interest
related
content
expression
however
regulation
falls
outside
scope
test
must
justified
demanding
standard
texas
johnson
supra
barnes
analyzed
almost
identical
statute
holding
indiana
public
nudity
ban
violate
first
amendment
although
five
members
agreed
single
rationale
conclusion
clarify
government
restrictions
public
nudity
ordinance
issue
evaluated
framework
set
forth
restrictions
symbolic
speech
city
erie
argues
ordinance
restriction
reviewable
ordinance
bans
conduct
speech
specifically
public
nudity
respondent
counters
ordinance
targets
nude
dancing
aimed
specifically
suppressing
expression
making
ordinance
restriction
must
subjected
strict
scrutiny
ordinance
like
statute
barnes
face
general
prohibition
public
nudity
terms
ordinance
regulates
conduct
alone
target
nudity
contains
erotic
message
rather
bans
public
nudity
regardless
whether
nudity
accompanied
expressive
activity
like
statute
barnes
erie
ordinance
replaces
updates
provisions
indecency
immorality
ordinance
books
since
predating
prevalence
nude
dancing
establishments
kandyland
pet
cert
see
barnes
glen
theatre
supra
respondent
justice
stevens
contend
nonetheless
ordinance
related
suppression
expression
language
ordinance
preamble
suggests
actual
purpose
prohibit
erotic
dancing
type
performed
kandyland
post
dissenting
opinion
pennsylvania
interpreted
language
however
preamble
ordinance
city
council
stated
adopting
regulation
purpose
limiting
recent
increase
nude
live
entertainment
within
city
activity
adversely
impacts
threatens
impact
public
health
safety
welfare
providing
atmosphere
conducive
violence
sexual
harassment
public
intoxication
prostitution
spread
sexually
transmitted
diseases
deleterious
effects
pennsylvania
construed
language
mean
one
purpose
ordinance
combat
negative
secondary
effects
ibid
justice
souter
noted
barnes
face
governmental
interest
combating
prostitution
criminal
activity
inherently
related
expression
opinion
concurring
judgment
sense
case
similar
burned
draft
registration
card
public
statement
antiwar
views
convicted
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pennsylvania
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