013928P.pdf   01/24/2003  SOB, Inc.  v.  County of Benton
   U.S. Court of Appeals Case No:  01-3928
                          and No:  01-4022
   District of Minnesota   
   Civil case - Constitutional Law. County had sufficient 
   evidence of adverse secondary effects to justify enactment 
   of ordinance banning live nude dancing, and the ordinance 
   was constitutional as applied to live nude dancing at 
   plaintiffs' club; ordinance was not overbroad as the record 
   did not support an inference that protected theatrical 
   activity was being chilled or that the ordinance would be 
   applied to theatrical productions; claim that ordinance could 
   be applied to prosecute otherwise lawful sexual activities in 
   motel rooms was without support and unreasonable; district 
   court erred in permanently enjoining enforcement of the 
   ordinance by custodial arrest of the performers as there was 
   little risk that a custodial arrest would restrain a dancer's 
   protected expressive conduct in later performances, and 
   any issue of prior restraint which might arise from such 
   arrests should be resolved by the state court on a specific 
   factual record.