CASE QUESTIONS 1. YOU BE THE JUDGE WRITING PROBLEM Frank Deluca and his son Davi

Question

CASE QUESTIONS 1. YOU BE THE JUDGE WRITING PROBLEM Frank Deluca and his son David owned the Sportsman's Pub on Fountain Street in Providence, Rhode Island. The Delucas applied to the city for a license to employ topless dancers in the pub. Did the city have the power to deny the Delucas' request? Argument for the Delucas: Our pub is perfectly legal. Further, no law in Rhode Island prohibits topless dancing. We are morally and legally entitled to present this entertainment. The city should not use some phony moralizing to deny customers what they want. Argument for Providence: This section of Providence is zoned to prohibit topless dancing, just as it is zoned to bar manufacturing. There are other parts of town where the Delucas can open one of their sleazy clubs if they want to, but we are entitled to deny a permit in this area.

Explanation / Answer

In this specific case, city has the right to deny the licence as per uses of its zoning powers. As city ordinances prohibits the Talk Less dancer in the specific segment of the providence. City has full right to deny the licence for appointing top less dancers for the power. City specifically does not have any kind of application for granting a variance for the Delucas and should deny the licence.

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