Posts under ‘adverse secondary effects’

“The Show Me state is headed for a showdown over a move to rein in the adult-entertainment industry at a time when every job counts—even those of strippers,” reports Joe Barrett for the WSJ.com here.  According to the article, Missouri’s “Republican-controlled legislature [recently] passed one of the nation’s toughest state laws aimed at strip clubs and other adult-entertainment venues. It [...]

The City of Laguna Beach has an amplified sound ordinance, which bans the use of a bullhorn (a) within 100 yards of a school 30 minutes before or after the dismissal bell, and (b) within 100 yards of City Hall.
The law is being challenged. In this opinion, the Ninth Circuit Court of Appeals held that the plaintiffs [...]

Yesterday the Louisiana’s Court of Appeal (Second Circuit) issued this opinion. It begins:
We granted rehearing to further review whether the Shreveport City Council (the “City Council” or “City”) abused its discretion when it reversed the decision of the Zoning Board of Appeals (the “ZBA”) which granted the special exception use to Roland Toups for his proposed [...]

“Outrage over a 20-foot, anatomically correct stallion outside a strip club in rural northern Mississippi could lead to a new law allowing counties to regulate such establishments,” begins this article by Shelia Byrd in BusinessWeek. According to the article, the bill would give Mississippi’s 82 counties the option to draft regulations for strip clubs that [...]

When Cowboy’s applied for a liquor license, “[o]pponents, including WyWatch Family Action members, crowded commission meetings for the initial approval in September 2008 and for the renewal in February 2009, saying the establishment[] would cause an increase in sex crimes, exploitation of women, prostitution, and the promotion of obscenity,” reports Tom Martin here for the [...]

“The Texas Supreme Court will decide whether the state’s $5 charge on strip club patrons violates the First Amendment right of free expression,” begins this article by Chuck Lindell for Austin Legal. Last June, Texas’s Third Court of Appeals in Austin issued a 2-1 ruling affirming a 2008 decision by state trial court to strike down the [...]

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 [...]

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’ [...]

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 [...]