Mall Real Estate, LLC v. City of Hamburg
Annotate this CaseThe operator of an establishment offering nude and seminude dance performances sought an injunction restraining a city from enforcing its ordinance regulating nude and seminude dancing. The district court found that state law did not preempt the ordinance and that the ordinance was constitutional. The Supreme Court reversed the judgment of the district court, holding that state law preempts enforcement of the ordinance because the ordinance attempts to regulate nude dancing, and therefore, the ordinance is unenforceable against the establishment. Remanded to the district court with instructions to enter an order enjoining the city from enforcing its ordinance against the establishment.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.