Ellwest Stereo Theatres, Inc. v. Wenner

681 F.2d 1243 82-2 USTC P 9641 ELLWEST STEREO THEATRES, INC., a corporation, Plaintiff-Appellant, v. Paul WENNER, Individually and as the treasurer of the City of Phoenix, Lawrence Wetzel, individually and as the chief of police of the City of Phoenix, Defendants-Appellees. No. 80-5732. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 8, 1982. Decided July 23, 1982. Richard J. Hertzberg, Phoenix, Ariz., for plaintiff-appellant. Sandra K. McGee, Phoenix, Ariz., for defendants-appellees. Appeal from the United States District Court for the District of Arizona. Before CHAMBERS, KENNEDY and SCHROEDER, Circuit Judges. SCHROEDER, Circuit Judge. 1 Appellant Ellwest Stereo Theatres ("Ellwest") operates a Phoenix, Arizona movie arcade in which members of the public pay to view sexually explicit films in booths. Ellwest brought suit challenging the constitutionality of a City of Phoenix ordinance requiring that the viewing areas of booths in which coin operated viewing devices are located be visible from a continuous main aisle. On the basis of stipulated facts, the district court held that the ordinance was a reasonable regulation of the operation of theaters not…