Doran v. Salem Inn, Inc.
United States Supreme Court
422 U.S. 922 (1975)
Three topless-dancing establishments, including M & L Restaurant, Salem Inn, and Tim-Rob Bar (plaintiffs), sued in federal court seeking a declaration that a local topless-dancing ban was unconstitutional and to enjoin its enforcement. The day after filing suit, M & L resumed topless dancing and was cited for violating the ordinance on four separate days, becoming subject to a pending state prosecution, while the other two businesses complied and never faced state charges; the trial court nonetheless granted a preliminary injunction protecting all three, reasoning it would be anomalous to treat them differently.
Whether a federal court may grant declaratory or injunctive relief regarding a law's constitutionality to a plaintiff with a pending state criminal proceeding, when similarly situated plaintiffs facing no such prosecution seek the same relief.