A couple of recent adult entertainment decisions

This one from the Tenth Circuit Court of Appeals. The plaintiff, Doctor John’s, is an adult novelty store suing the City of Roy, Utah. This sums it up: “Although we conclude that the district court did not abuse its discretion in striking the articles, even if the articles were considered as evidence under the Alameda Books [...]

Chilling speech, Un-chilling beer

Last Friday the Sixth Circuit Court of Appeals issued this decision. It concerns an Ohio liquor regulation (Rule 52) that bans “nudity” and “sexual activity” in alcohol-licensed establishments. As drafted, Rule 52 prohibits not only nudity in performances having literary, artistic or political value, it bans even “the exposure of any device, costume, or covering [...]

I like what you’re saying, so I won’t zone you out.

Over at The Volokh Conspiracy Ilya Somin has posted that Berkeley is “considering enacting a zoning ordinance to restrict [military recruiters'] location[s] in much the same way as other cities use zoning to restrict or ban businesses selling pornography.” He writes: Conservatives are justifiably outraged by the proposed Berkeley measure. I share their indignation. However, [...]

Well, we didn’t try to suppress speech …

… even if Judge Kanne of the Seventh Circuit Court of Appeals says, “yes, you probably did.” This opinion is hot off the presses. In throwing out the Village of Washington Park’s alcohol-ban in adult entertainment establishments, the Court writes: Because the purpose of the ban on alcohol consumption in newly licensed establishments was to [...]

Virtual Dollhouse

In Edgewater, Florida there’s this house. Somewhere, maybe in Edgewater, there’s this Web Site, “CocoDorm.com, where visitors can, for a fee, watch live video streams from the Edgewater house, where chiseled young males are paid $1,200, plus room, board and meals, to live in the two-story home for a month and have sex with each [...]

Liquor Law Watch

This decision comes down from the Montana Supreme Court. It concerns one bar’s effort to transfer its liquor license to a soon-to-be casino in Great Falls. Before issuing the license, Montana’s Department of Revenue (“DOR”) published a notice of the license application in the newspaper. Because a number of written protests were received by the [...]

Irrebuttably rebuttable

From the Tenth Circuit Court of Appeals comes this decision. The appeal concerns The Lion’s Den, which opened at a rest stop off of Interstate 70 in Dickinson County, Kansas in September 2003. According to the opinion, The Lion’s Den is probably the first sexually oriented business in the County in at least 25 years, [...]

Life’s a beach sometimes

Two federal, appellate opinions concerning adult entertainment were issued this week. From the Seventh Circuit Court of Appeals, there is Forty One News, Inc. v. County of Lake. Long story short: 41 News, an adult book and video store, sued the county under 42 U.S.C. Sec. 1983, challenging the county’s adult use ordinance on federal [...]

An Adult Entertainment District

“Cleveland Mayor Frank Jackson on Monday proposed the creation of an adult-entertainment district in the Flats to house up to three strip clubs, possibly including Larry Flynt‘s Hustler Club,” reports The Plain Dealer here. The district would help the adult businesses. For example: Currently, city law requires strip clubs to be no closer than 1,000 [...]

Bail bonding companies: do they get one call?

I love bail bonding cases. Having represented several bounty hunters and bail bondspersons over the years, I can tell you that they are their own breed of cat. (Did you think I’d say “dog”?) The Fifth Circuit Court of Appeals decided this case yesterday. It concerns two bail bondsmen who challenged a Texas statute which [...]