The Test: As the U.S. District Court for the Middle District of Florida describes it, the plaintiffs’ “constitutional challenge focuses solely on the third part of the Renton test and the second part of the O’Brien test. The two inquiries, whether the ordinance ‘is designed to serve’ a substantial government interest (Renton) and whether the ordinance ‘furthers’ [...]
Posts from ‘November, 2009’
A 1-2 punch
Tandem opinions from the Sixth Circuit Court of Appeals were released yesterday.
In the first case, Entertainment Productions, Inc. and others sued Shelby County, challenging the constitutionality of the Tennessee Adult-Oriented Establishment Registration Act on First Amendment grounds. EP argued four points: First, the definitions of “adult cabaret,” “adult-oriented establishment,” and “adult entertainment” render the Act unconstitutionally overbroad; and [...]
Ventilation
“Amsterdam may be losing American tourists in the near future because now, it is always 4:20 in Portland, Oregon. The Cannibis Café opened last week in Portland, Oregon. This place serves food and marijuana. It is the first of its kind in the nation. It can house up to 100 patrons,” reports Digital City here.
It’s [...]
The price of saying no
Chicago Joe’s continues to give the Village of Broadview — and its Board of Trustees — all it can handle.
The self-proclaimed “Tea Room” applied for a special use permit to offer adult entertainment. Denied. A federal suit followed, alleging, among other things, that the zoning code violated the First Amendment. In the latest round, Judge Gottschall held that [...]
