Davenport strip club to remain open

The Iowa appellate courts continue to impress me (for one). Radio Iowa reports here that the Iowa Court of Appeals‘ decision will stand: The Chorus Line is located near Dr. John’s, an adult store. But Davenport, in an attempt to prevent red-light districts, restricts adjacent adult businesses and refused to give the Chorus Line a [...]

Indiana adult bookstore ordered to cease operating as such

Last week the Indiana Court of Appeals issued this decision. A little background. Once upon a time, in early 2005, there was a plot of “land at the southwest corner of the intersection of highways I-65 and State Road 250 in an unincorporated area [that] was developed — with a building, driveway, and signage for [...]

Ninth Circuit sends Alameda Books down for trial

Last Friday the Ninth Circuit Court of Appeals issued its latest opinion in a seemingly never-ending case, Alameda Books, Inc. v. City of Los Angeles. The district court erred by granting summary judgment to the bookstores, in part, because credibility questions swirled around the stores’ expert witnesses; the court of appeals reasoned that material facts based on such [...]

A time for change

Here’s a down-to-the-wire 2010 decision … D. Russo, Inc. v. Township of Union. In this case, a strip club and an adult bookstore sued a New Jersey township, challenging the constitutionality of the town’s Sexually Oriented Business ordinance. But the town didn’t simply read the lawsuit and relent; it elected to fight. Eventually, though, the township amended the challenged SOB ordinances. Then [...]

The Seventh Circuit hears Annex Books (again)

Yesterday the Seventh Circuit Court of Appeals entertained argument in Annex Books, Inc. v. City of Indianapolis. (I’ve mentioned the case before.) The City appealed from an order granting a preliminary injunction to the bookstores. The panel, which included Chief Judge Easterbrook and Judge Rovner, did not tip its hand. But I don’t think that the City will unravel [...]

Today’s adult entertainment decisions

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 [...]

Preliminary injunction granted to Annex Books and company

Taking her cue from the Seventh Circuit Court of Appeals, in an order issued last week from the U.S. District Court (Southern Disitrct of Indiana), Judge Sarah Evans Barker writes: [I]n order to satisfy the burden explicated by the Seventh Circuit, the City must essentially make two showings: first, that adult entertainment businesses lacking facilities [...]

A 1-2 punch

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; [...]

Apples & Oranges

A superb opinion from the Seventh Circuit Court of Appeals just came down. It begins, “Indianapolis revised its adult business ordinances in 2003. These amendments expanded the definition of ‘adult entertainment business’ to include any retail outlet that devotes 25% of more of its space or inventory to, or obtains at least 25% of its [...]

Fantasies & Foundries

“This case arises from a dispute regarding the denial of various applications for certificates of occupancy,” innocuosly begins this opinion. We quickly learn the plaintiff’s retail establishments sell,” inter alia, lotions, creams, oils, herbal pills, lingerie, games, bachelor and bachelorette party goods, condoms, cards, costumes, accessories, and instructional video tapes and DVD’s.” Well now I understand. A city [...]