Chase v. Davelaar

645 F.2d 735 Ronald W. CHASE, d/b/a Night Moves Tavern, Plaintiff/Appellee, v. Jack DAVELAAR, Coroner and Acting Sheriff of Pierce County, Washington, and Don Herron, Prosecuting Attorney of Pierce County, Washington, Defendants/Appellants. No. 79-4471. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 4, 1981. Decided May 18, 1981. Joseph F. Quinn, Deputy Pros. Atty., Tacoma, Wash., for defendants/appellants. Victor V. Hoff, Seattle, Wash., for plaintiff/appellee. Appeal from the United States District Court for the Western District of Washington. Before ANDERSON, PREGERSON and CANBY, Circuit Judges. PREGERSON, Circuit Judge: 1 The acting sheriff and the prosecuting attorney of Pierce County, Washington appeal from a judgment holding Pierce County's prohibition of topless entertainment unconstitutional on its face for overbreadth. For the reasons stated in this opinion, we affirm. 2 Chase owns and operates the Night Moves Tavern in Pierce County, which had featured topless dancing before May 8, 1979. On that date the county's Board of Commissioners enacted Resolution 21436, which prohibited topless entertainment in all non-theatrical establishments selling…