· 3/17/2004
R.V.S., L.L.C. v. City of Rockford
Citations
- 361 F.3d 402
- 2004 U.S. App. LEXIS 4998
- 2004 WL 515619
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that government had failed to present sufficient evidence during bench trial to meet its initial burden; remanding for entry of judgment after concluding ordinance, therefore, violated First Amendment
- holding that government had failed to present sufficient evidence during bench trial to meet its initial burden; remanding for entry of judgment after concluding ordinance, therefore, violated First Amendment
- holding that the city had not met even the low evidentiary burden required to support a zoning restriction because the evidence “[did] not appear to be directly relevant to the type of entertainment that Rockford [sought] to regulate”
- stating that “we must examine whether the [o]rdinance was designed to suppress the content of erotic expression or to address the negative secondary effects caused by such expression” (emphasis added)
- stating that “we must examine whether the [ordinance was designed to suppress the content of erotic expression or to address the negative secondary effects caused by such expression” (emphasis added)
- stating that municipalities may not simply assume existence of negative secondary effects
Source: CourtListener parenthetical corpus (CC0).
Judges: Flaum, Bauer, Rovner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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