A pair of decisions to start the week.
“The town of Clarksville’s legal case against Theatair X was dismissed Monday as a judge ruled the town’s ordinance is not valid and therefore cannot be enforced,” reports the NewsAndTribune.com (which, oddly enough, is a “.net” Web site) here. The Clarksville Town Court held that the ordinance regulating sexually oriented businesses had a defect — and that defect was not severable. You can read the decision.
The Second Circuit Court of Appeals, in a 2-1 decision, threw out a district court’s preliminary injunction order, which had held the term “adult oriented store” unconstitutionally vague as applied to the plaintiff. You’ll find a link to the appellate decision at Howard Bashman’s always-informative blawg, How Appealing, here. I’m not sure that Peyton Manning himself could have saved this store’s injunction from jaws of the court of appeals. Maybe Brett Favre could have.