Romantix-Fargo, Inc. v. City of Fargo

Summary

The court affirmed dismissal of Romantix’s federal claims, holding that the proposed store’s nonexpressive retail activities did not implicate the First Amendment, the permitting process was not a prior restraint, adequate procedural process was provided, and the ordinance was not unconstitutionally vague. It reversed dismissal of the state-law claim because the ordinance’s plain meaning did not encompass a store that sold no books, magazines, or periodicals, making the City Commissioners’ stated rationale arbitrary and capricious. The court remanded for the district court to consider mootness and related relief issues.