Court of Appeals for the Ninth Circuit November 28, 1990, 88-15781 (Samuel Conti Picadilly Circus, Inc. v. The City of Fremont Gus Morrison, John Pomidor, Kent McClain William Armon and Phil Lammi)

TANG, Circuit Judge:

The City of Fremont, California refused Samuel Conti’s request to amend a zoning conditional use permit which prohibited service of people eighteen to twenty years old at a Fremont business location. Because of this refusal, Samuel Conti and his company Picadilly Circus, Inc. (together referred to as “Conti”) brought a 42 U.S.C.