Plaintiff filed the instant action on November 13, 1989, seeking an order from the district court declaring the ordinance unconstitutional and permanently enjoining its enforcement. Plaintiff alleged that the ordinance violated the first, fourth, ninth, and fourteenth amendments to the United States Constitution, as well as “corollary” provisions under the Ohio Constitution, and was preempted by the federal Video Privacy Protection Act,
18 U.S.C. § 2710. The district court issued a temporary restraining order enjoining the enforcement of the ordinance until a ruling by the court. On January 25, 1990, in a thorough 30–page memorandum, the district court granted summary judgment to the City of Dayton. This appeal followed.