Singer v. Town of East Hartford, Connecticut

Full title: ALAN SINGER AND DAVID GRUNBERG, D/B/A RED LANTERN BOOK STORE AND MARTY'S…

Court: United States Court of Appeals, Second Circuit

Date published: Apr 25, 1990

901 F.2d 297 (2d Cir. 1990)

Opinion

No. 1030, Docket 89-9073.

Argued March 23, 1990.

Decided April 25, 1990.

Daniel A. Silver, New Britain, Conn., for plaintiffs-appellants.

Jose R. Ramirez, Asst. Corp. Counsel, East Hartford, Conn., for defendants-appellees.

Appeal from the the September 28, 1989, judgment of the District Court for the District of Connecticut; Ellen Bree Burns, Chief Judge.

Before NEWMAN, PRATT and MINER, Circuit Judges.

PER CURIAM:

The proprietors of two adult book stores in East Hartford, Connecticut, appeal from the September 28, 1989, judgment of the District Court for the District of Connecticut (Ellen Bree Burns, Chief Judge) dismissing on the merits a complaint challenging on First Amendment grounds the constitutionality of one provision of a newly enacted town ordinance. The ordinance regulates "adult-oriented establishments." The challenged provision prohibits any video booths operated by "adult-oriented establishments" to be closed or obscured from view from common areas within the stores. East Hartford Code of Ordinances § 8-62(b) (1989).

We affirm the judgment of the District Court on the well-reasoned opinion of Chief Judge Burns, Singer v. Town of East Hartford, 736 F.Supp. 430 (D.Conn. 1989).