doran
salem
inn
argued
decided
june
three
corporations
salem
august
filed
complaint
district
seeking
temporary
restraining
order
preliminary
injunction
declaratory
relief
doran
law
enforcement
official
claiming
north
hempstead
ordinance
proscribing
topless
dancing
corporations
provided
entertainment
bars
violated
first
fourteenth
amendment
rights
district
denied
prayer
temporary
restraining
order
instanter
set
motion
preliminary
injunction
hearing
august
august
alone
three
corporations
theretofore
complied
ordinance
resumed
topless
dancing
whereupon
served
criminal
summonses
thereafter
district
issued
preliminary
injunction
enforcement
ordinance
corporations
pending
final
determination
action
appeals
affirmed
holding
ordinance
fall
rejecting
doran
claim
district
dismissed
complaint
authority
younger
harris
companion
cases
concluded
bar
relief
salem
prosecution
ordinance
different
result
deemed
warranted
view
interests
avoiding
contradictory
outcomes
conserving
judicial
energy
clearcut
method
determining
federal
courts
defer
state
prosecutions
doran
appealed
gives
appellate
jurisdiction
behest
party
relying
state
statute
held
unconstitutional
appeals
held
issues
neither
briefed
argued
whether
applies
review
affirmance
preliminary
injunction
confined
review
final
judgment
whether
appeals
fact
held
ordinance
unconstitutional
need
resolved
since
certiorari
jurisdiction
matter
reviewed
question
entitlement
relief
light
younger
harris
supra
companion
cases
considered
corporation
separately
light
contradictory
outcomes
factors
relied
upon
appeals
lumped
three
plaintiffs
together
pp
younger
squarely
bars
injunctive
relief
samuels
mackell
bars
declaratory
relief
view
fact
criminal
summonses
issued
days
immediately
following
filing
federal
complaint
federal
litigation
embryonic
stage
contested
matter
decided
salem
criminal
proceedings
pending
subject
younger
restrictions
seeking
declaratory
relief
steffel
thompson
two
corporations
also
seek
preliminary
injunctive
relief
without
regard
younger
restrictions
since
prior
final
judgment
declaratory
remedy
afford
relief
comparable
preliminary
injunction
pp
circumstances
case
light
existing
case
law
district
abuse
discretion
granting
preliminary
injunctive
relief
salem
pp
district
entitled
conclude
salem
satisfied
one
two
traditional
requirements
securing
preliminary
injunction
showing
irreparable
injury
made
uncontested
allegations
absent
relief
suffer
substantial
business
loss
perhaps
even
bankruptcy
pp
district
also
entitled
conclude
corporations
satisfied
traditional
requirement
interim
relief
showing
likelihood
prevail
merits
since
inter
alia
challenging
standing
challenge
grayned
city
rockford
topless
ordinance
unconstitutionally
overbroad
application
protected
activities
places
serve
liquor
well
places
see
california
larue
pp
rehnquist
delivered
opinion
burger
brennan
stewart
white
marshall
blackmun
powell
joined
douglas
filed
opinion
concurring
judgment
part
dissenting
part
post
joseph
darago
argued
cause
appellant
brief
francis
doran
pro
se
herbert
kassner
argued
cause
appellees
brief
ralph
schwarz
justice
rehnquist
delivered
opinion
appellant
town
attorney
nassau
county
along
local
law
enforcement
officials
preliminary
enjoined
district
eastern
district
new
york
enforcing
local
ordinance
town
north
hempstead
salem
inn
frank
supp
aff
addition
defending
ordinance
merits
contends
complaint
dismissed
authority
younger
harris
companion
cases
appellees
three
corporations
operate
bars
various
locations
within
town
prior
enactment
ordinance
question
provided
topless
dancing
entertainment
customers
july
town
enacted
local
law
ordinance
making
unlawful
bar
owners
others
permit
waitresses
barmaids
entertainers
appear
establishments
breasts
uncovered
thinly
draped
appear
uncovered
appellees
complied
ordinance
clothing
dancers
bikini
tops
august
brought
action
district
alleged
ordinance
violated
rights
first
fourteenth
amendments
constitution
pleadings
sought
temporary
restraining
order
preliminary
injunction
declaratory
relief
prayer
temporary
restraining
order
denied
instanter
motion
preliminary
injunction
set
hearing
august
august
day
appellees
complaint
filed
application
temporary
restraining
order
denied
one
restaurant
resumed
briefly
suspended
presentation
topless
dancing
day
three
succeeding
days
topless
dancers
served
criminal
summonses
based
violation
ordinance
summonses
returnable
nassau
county
september
two
appellees
salem
inn
bar
resume
presentation
topless
entertainment
bars
district
issued
preliminary
injunction
september
appellant
filed
answer
alleged
criminal
prosecution
instituted
least
one
appellees
district
urged
refuse
exercise
jurisdiction
dismiss
complaint
app
september
basis
oral
argument
memoranda
law
district
entered
opinion
order
found
local
law
town
north
hempstead
face
violative
plaintiffs
first
amendment
rights
prohibits
across
board
nonobscene
conduct
form
topless
dancing
daily
penalty
violation
ordinance
prior
decision
validating
similar
ordinance
overbreadth
ordinance
potential
harm
plaintiffs
business
enforcement
justify
federal
intervention
injunctive
relief
concluded
enjoining
appellant
pending
final
determination
action
prosecuting
plaintiffs
violation
local
law
way
interfering
activities
may
prohibited
text
said
local
law
ibid
address
appellant
younger
contention
held
pending
prosecution
affect
availability
injunctive
relief
salem
concluded
federal
relief
granted
two
appellees
anomalous
extend
well
appeals
second
circuit
affirmed
divided
vote
held
ordinance
fall
claim
deprivation
constitutional
rights
diminution
business
warranted
issuance
preliminary
injunction
appeals
rejected
appellant
claim
district
dismissed
appellees
complaint
authority
younger
harris
supra
companion
cases
salem
younger
present
bar
time
pending
prosecution
ordinance
thought
posed
slightly
different
problem
since
state
prosecution
begun
one
day
filing
appellees
complaint
district
recognized
situation
squarely
covered
either
younger
steffel
thompson
concluded
interests
avoiding
contradictory
outcomes
conservation
judicial
energy
clearcut
method
determining
federal
courts
defer
state
prosecutions
militated
favor
granting
relief
three
appellees
deal
first
preliminary
jurisdictional
matter
appeal
taken
provides
appellate
jurisdiction
behest
party
relying
state
statute
held
unconstitutional
appeals
authority
questioned
never
put
rest
available
review
sought
final
judgment
slaker
south
carolina
electric
gas
flemming
see
chicago
atchison
present
appeal
however
seeks
review
affirmance
preliminary
injunction
also
less
completely
certain
appeals
fact
hold
local
law
unconstitutional
since
considered
merits
purpose
ruling
propriety
preliminary
injunctive
relief
need
resolve
issues
neither
briefed
argued
event
certiorari
jurisdiction
previously
done
identical
situation
el
paso
simmons
dismiss
appeal
treating
papers
petition
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grant
writ
certiorari
turning
younger
issues
raised
petitioner
faced
necessity
determining
whether
holdings
younger
supra
steffel
supra
samuels
mackell
must
give
way
interests
efficient
judicial
administration
relied
upon
appeals
think
interest
avoiding
conflicting
outcomes
litigation
similar
issues
entitled
substantial
deference
unitary
system
must
necessity
subordinated
claims
federalism
particular
area
law
classic
example
petitioner
steffel
companion
warned
failure
cease
pamphleteering
result
arrest
petitioner
steffel
ceased
brought
action
federal
companion
cease
prosecuted
charge
criminal
trespass
state
may
said
interest
conservation
judicial
manpower
worthy
value
unitary
system
existence
one
system
federal
courts
systems
state
courts
charged
responsibility
interpreting
constitution
suggests
occasion
duplicating
overlapping
adjudication
cases
sufficiently
similar
content
time
location
justify
heard
single
judge
arisen
within
unitary
system
agree
appeals
therefore
three
plaintiffs
automatically
thrown
hopper
younger
purposes
thereby
entitled
injunctive
relief
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view
accept
petitioner
equally
procrustean
view
barred
injunctive
relief
sole
plaintiff
salem
likewise
barred
injunctive
relief
declaratory
relief
well
plainly
may
circumstances
legally
distinct
parties
closely
related
subject
younger
considerations
govern
one
case
respondents
represented
common
counsel
similar
business
activities
problems
apparently
unrelated
terms
ownership
control
management
thus
think
respondents
placed
position
required
cases
respondent
stood
alone
respondent
pursued
course
taken
respondents
denial
request
temporary
restraining
order
done
subjected
prosecution
violation
ordinance
state
criminal
summonses
issued
days
immediately
following
filing
federal
complaint
federal
litigation
embryonic
stage
contested
matter
decided
posture
prayer
injunction
squarely
governed
younger
likewise
believe
reasons
samuels
mackell
bars
obtaining
declaratory
relief
absent
showing
younger
special
circumstances
even
though
state
prosecution
commenced
day
following
filing
federal
complaint
violated
ordinance
rather
awaiting
normal
development
federal
lawsuit
heard
complain
constitutional
contentions
resolved
state
thus
prayers
injunctive
declaratory
relief
subject
younger
restrictions
rule
regard
coplaintiffs
salem
equally
clear
insofar
seek
declaratory
relief
salem
subject
state
criminal
prosecution
time
prior
issuance
preliminary
injunction
district
steffel
thus
least
obtained
declaratory
judgment
upon
ordinary
showing
entitlement
relief
district
however
grant
declaratory
relief
salem
instead
granted
preliminary
injunctive
relief
whether
injunctions
future
criminal
prosecutions
governed
younger
standards
question
reserved
steffel
younger
harris
hold
facts
case
issuance
preliminary
injunction
subject
restrictions
younger
principle
underlying
younger
samuels
state
courts
fully
competent
adjudicate
constitutional
claims
therefore
federal
exceptional
circumstances
refuse
interfere
ongoing
state
criminal
proceeding
absence
proceeding
however
recognized
steffel
plaintiff
may
challenge
constitutionality
state
statute
federal
assuming
satisfy
requirements
federal
jurisdiction
see
also
lake
carriers
assn
macmullan
state
proceedings
pending
either
salem
time
district
issued
preliminary
injunction
question
satisfied
requirements
federal
jurisdiction
already
stated
assuredly
entitled
declaratory
relief
since
previously
recognized
rdinarily
practical
effect
injunctive
declaratory
relief
virtually
identical
samuels
think
salem
entitled
claims
preliminary
injunctive
relief
considered
without
regard
younger
restrictions
conclusion
successful
federal
challenge
state
statute
local
ordinance
district
generally
protect
interests
federal
plaintiff
entering
declaratory
judgment
therefore
stronger
injunctive
medicine
unnecessary
prior
final
judgment
established
declaratory
remedy
comparable
preliminary
injunction
unless
preliminary
relief
available
upon
proper
showing
plaintiffs
situations
may
suffer
unnecessary
substantial
irreparable
harm
moreover
neither
declaratory
injunctive
relief
directly
interfere
enforcement
contested
statutes
ordinances
except
respect
particular
federal
plaintiffs
state
free
prosecute
others
may
violate
statute
traditional
standard
granting
preliminary
injunction
requires
plaintiff
show
absence
issuance
suffer
irreparable
injury
also
likely
prevail
merits
recognized
however
district
must
weigh
carefully
interests
sides
although
temporary
injunction
prohibit
state
local
enforcement
activities
federal
plaintiff
pending
final
resolution
case
federal
result
seriously
impairs
state
interest
enforcing
criminal
laws
implicates
concerns
federalism
lie
heart
younger
standard
applied
district
deciding
whether
plaintiff
entitled
preliminary
injunction
stringent
standard
appellate
review
simply
whether
issuance
injunction
light
applicable
standard
constituted
abuse
discretion
brown
chote
regard
question
close
one
believe
issuance
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behalf
respondents
salem
abuse
district
discretion
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support
relief
respondents
alleged
petitioner
deny
absent
preliminary
relief
suffer
substantial
loss
business
perhaps
even
bankruptcy
certainly
latter
type
injury
sufficiently
meets
standards
granting
interim
relief
otherwise
favorable
final
judgment
might
well
useless
inquiry
relevant
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relief
whether
respondents
made
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showing
likelihood
ultimate
success
merits
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appeals
found
likelihood
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district
spoke
terms
actually
holding
ordinance
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context
preliminary
injunction
must
intended
refer
likelihood
respondents
ultimately
prevail
appeals
properly
clarified
point
although
customary
barroom
type
nude
dancing
may
involve
barest
minimum
protected
expression
recognized
california
larue
form
entertainment
might
entitled
first
fourteenth
amendment
protection
circumstances
larue
however
concluded
broad
powers
regulate
sale
liquor
conferred
amendment
outweighed
first
amendment
interest
nude
dancing
state
therefore
ban
dancing
part
liquor
license
program
present
case
challenged
ordinance
applies
merely
places
serve
liquor
many
establishments
well
district
observed
believe
correctly
local
ordinance
attacked
prohibits
topless
dancing
bars
also
prohibits
female
appearing
public
place
uncovered
breasts
limit
interpretation
term
public
place
include
theater
town
hall
opera
house
well
public
market
place
street
place
assembly
indoors
outdoors
thus
ordinance
prohibit
performance
ballet
africains
number
works
unquestionable
artistic
socially
redeeming
significance
overbroad
laws
like
vague
ones
deter
privileged
activity
cases
firmly
establish
appellant
standing
raise
overbreadth
challenge
circumstances
light
existing
case
law
conclude
district
abused
discretion
granting
preliminary
injunctive
relief
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appellate
inquiry
therefore
intimate
view
ultimate
merits
respondents
contentions
brown
chote
supra
judgment
appeals
reversed
respondent
affirmed
respondents
salem
ordered
footnotes
purposes
local
ordinances
treated
state
statutes
see
chicago
atchison
respondent
urges
defense
judgment
even
case
controlled
principles
younger
samuels
mackell
may
obtain
injunctive
declaratory
relief
presence
requisite
special
circumstances
see
younger
particular
claims
subject
repetitive
harassing
criminal
prosecutions
aimed
suppressing
expressive
activity
carried
bar
brief
appellees
district
occasion
consider
issue
decline
basis
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us
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douglas
concurring
judgment
part
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younger
harris
dissenting
opinion
join
judgment
insofar
holds
salem
inn
entitled
preliminary
injunction
pending
disposition
request
declaratory
relief
condone
conduct
violating
challenged
ordinance
without
awaiting
judicial
action
federal
complaint
like
appeals
find
compelling
reason
distinguish
respondents
terms
relief
appropriate
therefore
affirm
judgment
respects