J & B Entertainment, Inc v. City of Jackson

The City of Jackson ("the City" or "Jackson") enacted an ordinance banning public nudity, with certain exceptions ("the Ordinance"). J & B Entertainment, Inc. ("J&B"), the operator of a club featuring live female nude dancing, brought suit challenging the constitutionality of the Ordinance and seeking declaratory and injunctive relief. J&B filed a motion for summary judgment, which the district court denied, instead granting summary judgment in favor of the City. J&B appealed and, on the skeletal record now before us, we vacate the district courts grant of summary judgment in favor of the City on factual grounds and remand with instructions. We affirm the district courts denial of J&Bs summary judgment motion as a matter of law.