Prior restraint challenge gutted on standing issue

The plaintiff in this case applied for a nightclub license. But the county denied his application because, it said, the establishment was more appropriately categorized as an adult business (which, presumably, is subject to tighter regulations). The plaintiff sued and argued that the county’s adult entertainment ordinance imposed an impermissible prior restraint.

To paraphrase ESPN‘s Lee Corso: Not so fast my friend.

“As Barry did not intend to operate an adult use business, he did not show any injury in fact from the adult use provisions he sought to challenge. The district court thus did not err in dismissing Barry’s complaint for lack of standing,” held the Fourth Circuit Court of Appeals. Ouch. This case falls in the can’t-win-for-losing category.

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