(concurring):
I respectfully disagree with the majority that this case should be reversed for lack of standing. I submit the tests were met. It will be difficult if not impossible, for massagists seeking to administer massages to members of the opposite sex to assert that this ordinance infringes upon their constitutional rights unless Corey, or some other present or prospective parlor operator affords them an opportunity to commit the proscribed conduct. Certainly, Corey’s position is sufficiently antagonistic to that of the city to present the dispute in an adversary context capable of judicial resolution. See Part III, State of Florida v. Weinberger, 492 F.2d 488 (5th Cir. 1974), decided this day.
While I would grant standing, I would uphold the validity of the ordinance, and reverse on the merits.