Penn Advertising of Baltimore, Inc. v. Mayor of Baltimore
Opinion of the Court
Affirmed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Judge HAMILTON joined. Senior Judge BUTZNER wrote a dissenting opinion.
On May 13, 1996, The Supreme Court handed down its decision in 44 Liquormart, Inc. v. Rhode Island, — U.S. -, 116 S.Ct. 1495, 134 L.Ed.2d 711 (1996), and shortly thereafter vacated our decision in this case and remanded it to us “for further consideration in light of 44 Liquormart, Inc. v. Rhode Island.” — U.S. -, 116 S.Ct. 2575, 135 L.Ed.2d 1090 (1996). We have read the opinion in 44 Liquormart and have considered its impact on the judgment in this case. For the reasons given in Anheuser-Busch, Inc. v. Schmoke, 63 F.3d 1305 (4th Cir. 1995) (Anheuser-Busch I), as modified by our decision today in Anheuser-Busch, Inc. v. Schmoke, 101 F.3d 325 (4th Cir. 1996) (Anheuser-Busch II ), we conclude that 44 Liquormart does not require us to change our decision in this case. Accordingly, we affirm the district court’s judgment for the reasons previously given and readopt our previous decision as modified by Anheuser-Busch II. See Penn Adv. of Baltimore v. Mayor and City Council of Baltimore, 63 F.3d 1318 (4th Cir. 1995).
IT IS SO ORDERED.
Dissenting Opinion
dissenting:
I dissent for reasons that I explained in my dissent in No. 94-1431, Anheuser-Busch, Inc. v. Schmoke, and No. 94-1432, Penn Advertising of Baltimore, Inc. v. Curran.
Reference
- Full Case Name
- PENN ADVERTISING OF BALTIMORE, INCORPORATED v. MAYOR AND CITY COUNCIL OF BALTIMORE, A Municipal Corporation Kurt L. Schmoke, in his official capacity as Mayor of Baltimore City David Tanner, in his official capacity as the General Superintendent of Zoning Administration and Enforcement of Baltimore City, The American Advertising Federation The American Association of Advertising Agencies The Association of National Advertisers, Incorporated The Outdoor Advertising Association of America, Incorporated Washington Legal Foundation The City of Cincinnati, Ohio The Maryland Congress of Parents & Teachers, Incorporated The Coalition for Beautiful Neighborhoods Baltimore City Wide Liquor Coalition for Better Laws and Regulations City and County of San Francisco City of San Jose United States of America, Amici Curiae
- Cited By
- 2 cases
- Status
- Published