Posts under ‘adult bookstores’

A pair of decisions to start the week.
“The town of Clarksville’s legal case against Theatair X was dismissed Monday as a judge ruled the town’s ordinance is not valid and therefore cannot be enforced,” reports the NewsAndTribune.com (which, oddly enough, is a “.net” Web site)  here. The Clarksville Town Court held that the ordinance regulating sexually oriented businesses [...]

Taking her cue from the Seventh Circuit Court of Appeals, in an order issued last week from the U.S. District Court (Southern Disitrct of Indiana), Judge Sarah Evans Barker writes:
[I]n order to satisfy the burden explicated by the Seventh Circuit, the City must essentially make two showings: first, that adult entertainment businesses lacking facilities for [...]

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 [...]

A superb opinion from the Seventh Circuit Court of Appeals just came down. It begins, “Indianapolis revised its adult business ordinances in 2003. These amendments expanded the definition of ‘adult entertainment business’ to include any retail outlet that devotes 25% of more of its space or inventory to, or obtains at least 25% of its [...]

“This case arises from a dispute regarding the denial of various applications for certificates of occupancy,” innocuosly begins this opinion. We quickly learn the plaintiff’s retail establishments sell,” inter alia, lotions, creams, oils, herbal pills, lingerie, games, bachelor and bachelorette party goods, condoms, cards, costumes, accessories, and instructional video tapes and DVD’s.” Well now I understand.
A city may [...]

The central issue in this appeal concerns the constitutionality of a zoning ordinance adopted by the Township of Cinnaminson that restricts the location where commercial establishments that sell adult videos and novelty items can operate. The trial court rejected defendants’ constitutional challenge, finding that the ordinance constituted a reasonable time, place, and manner restriction, was [...]

Can we stay up late tonight? That’s what kids ask parents.
It’s also what adult bookstore owners have been asking the State of Arizona ever since its legislature adopted Revised Arizona Statute § 13-1422. That statute forbids adult bookstores from remaining open during certain early morning hours. Today the Arizona Supreme Court answered that question (almost); at least the supreme court resolved a [...]

This one from the Tenth Circuit Court of Appeals. The plaintiff, Doctor John’s, is an adult novelty store suing the City of Roy, Utah. This sums it up: “Although we conclude that the district court did not abuse its discretion in striking the articles, even if the articles were considered as evidence under the Alameda Books [...]

They’re all the rage these days.
“A small town in northeast Georgia has bought a strip club, but it’s not planning to get into the adult entertainment business,” reports MSNBC.com here.
The town of Lavonia is not alone; other cities have taken the plunge.

Your application to plop an adult bookstore in our town’s commercial shopping center is hereby …
Dennis Loring filed a “site plan application seeking to locate an adult, sexually oriented book and video store in a shopping plaza in North Haven.” The commission said no. The trial court said yes. And now the Connecticut Supreme Court [...]