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City of Los Angeles v. Alameda Books, Inc.

Certiorari Denied

Petition for certiorari denied on November 28, 2011.

Docket No.11-245
Op. Below9th Cir.

Issue

Does the burden-shifting framework for evaluating the First Amendment constitutionality of a dispersal ordinance relating to adult businesses, established in an earlier decision in this matter, Alameda Books v. City of Los Angeles, 535 U.S. 425 (2002), require upholding a municipal zoning ordinance which prohibits the operation of more than one adult entertainment business at a single location when plaintiffs challenging the regulation cannot, at the summary judgment stage of proceedings, produce "actual and convincing" evidence casting "direct doubt" on the city's rationale for the regulation?

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