Sammy's v. City of Mobile

Elected legislative leaders of Mobile, Alabama, passed an ordinance enacted in February of 1996. This ordinance prohibited topless as well as nude dancing in any establishment that also possessed a liquor license to sell alcohol for consumption on the premises. The statute declared that the presence of both nude dancing and public consumption of alcohol "encourages undesirable behavior and is not in the interest of the public health, safety, and welfare."

Sammy's was the name of one such Mobile establishment that offered "exotic dancing" as well as alcoholic beverages. The Candy Store was another venue involved in this case. When the new ordinance went into effect, Sammy's voluntarily gave up its liquor license, and continued to feature topless and nude dancing. The Candy Store, however, did not surrender its liquor license, and served drinks to customers who were there to watch the women perform. Law enforcement authorities had not yet raided The Candy Store for this violation, but had indicated a tentative plan to do so.

Sammy's sued the city of Mobile in an Alabama state court for "injunctive relief"--the invalidation of the ordinance. The Candy Store filed suit in federal district court that requested both injunctive relief and damages. The two cases were combined and heard in federal district court, which ruled in favor of the city. The court found the law did not violate the First Amendment. The case was appealed, and in the spring of 1998 the Court of Appeals for the Eleventh Circuit heard arguments from both sides on the matter.