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 [...]

Adult entertainment business applicant gets another chance

Last week Ohio’s Fourth District Court of Appeals affirmed a lower court’s decision to vacate a zoning board’s decision to deny a nightclub’s application for a zoning permit. Got that? Sorry. Tortured descriptions of procedure (like that) are almost unavoidable when talking about appellate decisions arising from administrative rulings. This case presents a typical fact pattern. A would-be adult nightclub applies to [...]

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 [...]

More States Allowing Guns in Bars

That’s the title to this provocative article (written by Malcolm Gay) appearing in The New York Times this week. He writes: Happy-hour beers were going for $5 at Past Perfect, a cavernous bar just off this city’s strip of honky-tonks and tourist shops when Adam Ringenberg walked in with a loaded 9-millimeter pistol in the [...]

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 [...]

Showdown in Missouri

“The Show Me state is headed for a showdown over a move to rein in the adult-entertainment industry at a time when every job counts—even those of strippers,” reports Joe Barrett for the WSJ.com here.  According to the article, Missouri’s “Republican-controlled legislature [recently] passed one of the nation’s toughest state laws aimed at strip clubs and other adult-entertainment venues. It [...]

Can you hear me now?

The City of Laguna Beach has an amplified sound ordinance, which bans the use of a bullhorn (a) within 100 yards of a school 30 minutes before or after the dismissal bell, and (b) within 100 yards of City Hall. The law is being challenged. In this opinion, the Ninth Circuit Court of Appeals held that the [...]

Church v. Liquor

Yesterday the Louisiana’s Court of Appeal (Second Circuit) issued this opinion. It begins: We granted rehearing to further review whether the Shreveport City Council (the “City Council” or “City”) abused its discretion when it reversed the decision of the Zoning Board of Appeals (the “ZBA”) which granted the special exception use to Roland Toups for his [...]

Faith in the rule of law

“Outrage over a 20-foot, anatomically correct stallion outside a strip club in rural northern Mississippi could lead to a new law allowing counties to regulate such establishments,” begins this article by Shelia Byrd in BusinessWeek. According to the article, the bill would give Mississippi’s 82 counties the option to draft regulations for strip clubs that [...]

Strip club’s stewardship disappoints family watchgroup

When Cowboy’s applied for a liquor license, “[o]pponents, including WyWatch Family Action members, crowded commission meetings for the initial approval in September 2008 and for the renewal in February 2009, saying the establishment[] would cause an increase in sex crimes, exploitation of women, prostitution, and the promotion of obscenity,” reports Tom Martin here for the [...]