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 second, that these definitions are vague. Third, the prohibitions on certain kinds of physical contact on the premises of an adult-oriented establishment are overbroad. Fourth, the Act will substantially diminish the availability of adult speech in Memphis, Shelby County. None succeeded.
In the second case, the court of appeals opinion begins, “The Tennessee Act is described in detail in the related action challenging its constitutionality, Entertainment Prod., Inc. v. Shelby County, Tenn., No. 08-5494. This Plaintiff challenges the Tennessee Act on six grounds, some of which duplicate the substance of the claims made by the plaintiffs in Entertainment Productions. Here we address only those claims that were not resolved by our opinion in that case.” The court of appeals then knocked out challenges of equal-protection, overbreadth, due process (for strict liability provision), and prior restraint.
Happy Turkey Day!