022931P.pdf   01/30/2004  Jake's Ltd., Inc.  v.  City of Coates
   U.S. Court of Appeals Case No:  02-2931
                          and No:  02-3835
   District of Minnesota   
   Civil case - Contempt. District court did not err in finding that the City 
   demonstrated, by clear and convincing evidence, that Jake's acted in 
   contempt of a injunction prohibiting sexually-oriented business when it 
   continued to offer live nude dancing at its establishment; district court did 
   not err in awarding City attorneys' fees and costs in connection with 
   bringing the contempt proceedings; $68,000 fine imposed in second 
   contempt proceeding concerning Jake's practice of offering clothed lap 
   dancing was a criminal contempt sanction imposed without proper 
   procedural protections, as the fine was unconditional and covered 
   conduct not previously adjudged to violate the court's broad and complex 
   injunction; as the district court's injunction was overbroad and has 
   embroiled the court in day-to-day enforcement of local zoning 
   ordinances, a matter more properly handled by the state courts, the case is 
   remanded with directions to the district court to modify its 
   injunction so that the decree only prohibits Jake's from conducting the 
   specific sexually-oriented business - live nude dancing - at issue when the 
   litigation began. [PUBLISHED][Loken, Chief Judge, author]