Posts under ‘adverse secondary effects’

A little over a week ago, the Michigan Court of Appeals issued this (majority) opinion. A divided court (2-1) affirmed that Erie Township did not violate the rights of Alcatraz Industries, Inc. by adopting an ordinance restricting adult entertainment establishments to C-2 zoning districts. Among other restrictions, the ordinance requires an adult business to obtain a [...]

“A Maryland law that sought to block strip clubs in Prince George’s County from selling alcohol carved out an unconstitutional exception for a club that was owned by a former state senator, a federal judge held this week,” reports The Washington Post here.
Read the decision.

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 [...]

The Illinois Supreme Court delivered this opinion on Thursday. What’s it about?
In 2001, plaintiff, Pooh-Bah Enterprises, Inc., brought suit, in the circuit court of Cook County, for declaratory and injunctive relief against the County. In its complaint, plaintiff alleged that it operates an establishment under the licensed name “Crazy Horse Too.” The seating capacity of [...]

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 [...]

Last Friday the Sixth Circuit Court of Appeals issued this decision.
It concerns an Ohio liquor regulation (Rule 52) that bans “nudity” and “sexual activity” in alcohol-licensed establishments. As drafted, Rule 52 prohibits not only nudity in performances having literary, artistic or political value, it bans even “the exposure of any device, costume, or covering which [...]

Over at The Volokh Conspiracy Ilya Somin has posted that Berkeley is “considering enacting a zoning ordinance to restrict [military recruiters'] location[s] in much the same way as other cities use zoning to restrict or ban businesses selling pornography.” He writes:

Conservatives are justifiably outraged by the proposed Berkeley measure. I share their indignation. However, it [...]

… even if Judge Kanne of the Seventh Circuit Court of Appeals says, “yes, you probably did.” This opinion is hot off the presses. In throwing out the Village of Washington Park’s alcohol-ban in adult entertainment establishments, the Court writes:

Because the purpose of the ban on alcohol consumption in newly licensed establishments was to prevent [...]

In Edgewater, Florida there’s this house. Somewhere, maybe in Edgewater, there’s this Web Site, “CocoDorm.com, where visitors can, for a fee, watch live video streams from the Edgewater house, where chiseled young males are paid $1,200, plus room, board and meals, to live in the two-story home for a month and have sex with each [...]