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052793P.pdf   03/10/2006  Blue Moon Entertmt.  v.  City of Bates City
   U.S. Court of Appeals Case No:  05-2793
   Western District of Missouri   
[PUBLISHED] [Colloton, Author, with Bye and Heaney] Civil case - Civil rights. Section 406 of the Bates City Municipal Code requiring an adult business to obtain a conditional use permit prior to engaging in a protected activity was a prior restraint that plaintiff could challenge facially, and the district court err in finding that plaintiff's failure to apply for a conditional use permit was per se fatal to its ability to demonstrate irreparable harm in support of its motion for a temporary restraining order and/or a preliminary injunction.