You can’t go there

This case concerns a “human display establishment.” In 2005 San Antonio adopted Ordinance 101022, which contains a section that prohibits an individual from “intentionally or knowingly appear[ing] in a state of nudity in a public place.” Another section of the Ordinance makes it ”unlawful for any person to intentionally or knowingly entertain or appear in a state of [...]

You sue, you suffer: First Amendment Retaliation

Yet another “gambling” with machine case. Here’s the story: Art Dowling owns Magic Money in Barberton, Ohio. His business provides a number of gaming machines for customers to play on its premises. The Barberton police investigate Magic Money and obtain a search warrant. A search ensues, and officers seize 44 gaming machines, $13, 000+ cash, business records, equipment and [...]

Customer wins video-poker credits, Saloon loses liquor license

Although this opinion was issued in July, it was only recently published. (Which is how I found it.) Here are the CliffsNotes: The Boom Town Saloon has a video poker machine. A Chicago vice officer, while enjoying a beverage at the saloon, noticed a patron using the video machine. He ”watched the patron insert money into the machine [...]

Liquor license suspended after topless ‘midget wrestling’

… is the title of this article. (Source.) The 60-day suspension is stiff but, as the Mayor said, “It’s meant to send a message to other businesses in town that this won’t be tolerated.” I had no idea that topless ‘midget wrestling’ was an issue in Canton, Illinois. Now I do.

A couple of recent adult entertainment decisions

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 [...]

I’m still (without) standing

So close, yet so far. That’s the motto in this case. C. Blake’s Bar & Grill landed a $1.375 million judgment against the City of St. Peters, Missouri and others. The bar — more specifically, the bar’s sole shareholder’s husband — had alleged that the city increased police presence around the establishment and ultimately revoked [...]

Read Read Wine

fala-san-fran-0421

Here’s an article I wrote for a superb publication, e-Commerce Law & Strategy. (I’ve clipped the newsletter to show my article only; if you’re interested in reading other articles in the September newsletter, you’ll need to subscribe.)  My article is about wine shipping. I was inspired after a recent visit to San Francisco, and the idea that I must have wine shipped [...]