Schad v. Borough of Mount Ephraim

Schad (defendant) operated an adult bookstore in the Borough of Mount Ephraim (plaintiff) and installed coin-operated booths for live nude dancing, which violated the borough's commercial zoning ordinance -- an exhaustive list of permitted uses that included no form of live entertainment. Schad was convicted for violating the ordinance, and after New Jersey's courts affirmed, he sought Supreme Court review, arguing the total ban on live entertainment violated the First Amendment.