Don’t mess with Pole Taxes


“The Texas Supreme Court will decide whether the state’s $5 charge on strip club patrons violates the First Amendment right of free expression,” begins this article by Chuck Lindell for Austin Legal. Last June, Texas’s Third Court of Appeals in Austin issued a 2-1 ruling affirming a 2008 decision by state trial court to strike down the [...]

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 [...]

The Peek-a-Boo Lounge litigation “ends” …

The Test: As the U.S. District Court for the Middle District of Florida describes it, the plaintiffs’ “constitutional challenge focuses solely on the third part of the Renton test and the second part of the O’Brien test. The two inquiries, whether the ordinance ‘is designed to serve’ a substantial government interest (Renton) and whether the ordinance ‘furthers’ [...]

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 [...]

No escaping this adult entertainment ordinance

A little over a week ago, the Michigan Court of Appeals issued this (majority) opinion. A divided court (2-1) affirmed that Erie Township did not violate the rights of Alcatraz Industries, Inc. by adopting an ordinance restricting adult entertainment establishments to C-2 zoning districts. Among other restrictions, the ordinance requires an adult business to obtain a [...]

I ain’t no senator’s son

“A Maryland law that sought to block strip clubs in Prince George’s County from selling alcohol carved out an unconstitutional exception for a club that was owned by a former state senator, a federal judge held this week,” reports The Washington Post here. Read the decision.

But everbody knows it’s true, right?

The central issue in this appeal concerns the constitutionality of a zoning ordinance adopted by the Township of Cinnaminson that restricts the location where commercial establishments that sell adult videos and novelty items can operate. The trial court rejected defendants’ constitutional challenge, finding that the ordinance constituted a reasonable time, place, and manner restriction, was [...]

Not content with this tax

The Illinois Supreme Court delivered this opinion on Thursday. What’s it about? In 2001, plaintiff, Pooh-Bah Enterprises, Inc., brought suit, in the circuit court of Cook County, for declaratory and injunctive relief against the County. In its complaint, plaintiff alleged that it operates an establishment under the licensed name “Crazy Horse Too.” The seating capacity [...]

Arizona: adult bookstore hours-of-operation statute

Can we stay up late tonight? That’s what kids ask parents. It’s also what adult bookstore owners have been asking the State of Arizona ever since its legislature adopted Revised Arizona Statute § 13-1422. That statute forbids adult bookstores from remaining open during certain early morning hours. Today the Arizona Supreme Court answered that question (almost); at least the supreme court resolved [...]