I stumbled across How Appealing‘s post to this article in The Dallas Morning News. At issue is whether the store is fairly characterized as an ‘adult’ store, given its nondescript inventory. The City says yes; the store says no. Our law firm is litigating similar issues with increasing frequency. Local governments enjoy wide latitude (courtesy of the USSC) to treat sexually oriented businesses differently from other First Amendment protected businesses. There’s of course disagreement among the Bar on whether that’s an appropriate method for dealing with the “secondary effects” of adult entertainment. There’s no disagreement, however, that with that power comes abuse. And now adult businesses are adjusting.
It’s getting interesting.
Cary Wiggins on the Web