Rack the table. Or not.

A law written to capture a specific business sticks out like a sore thumb.  Yesterday the Eleventh Circuit Court of Appeals issued an opinion beginning, “In this case, we consider whether a business may sue a municipality under 42 U.S.C. § 1983 to recover damages it sustained by cautiously complying with an ordinance that the business claims [...]

Bar 1, City 0

Pro’s Sports Bar & Grill is not happy with the City of Country Club Hills. When Pro’s applied to the City for a liquor license, the City claims, it was given a license that allows it to operate, but only with more restricted hours than is typical. (The City says it conditioned a license on Pro’s closing at 12:30 a.m., almost 3 hours earlier [...]

This county ain’t big enough for the both of us

It’s been a rough couple of months for Sheriff Victor Hill. He’s the (lame duck) Sheriff of Clayton County, Georgia.  In August, a federal judge declined to grant qualified immunity to Mr. Hill in a suit brought by a strip club against the Clayton County Sheriff’s Office. In that complaint, the club (Pink Pony South) alleges that one day after it [...]

You sue, you suffer: First Amendment Retaliation

Yet another “gambling” with machine case. Here’s the story: Art Dowling owns Magic Money in Barberton, Ohio. His business provides a number of gaming machines for customers to play on its premises. The Barberton police investigate Magic Money and obtain a search warrant. A search ensues, and officers seize 44 gaming machines, $13, 000+ cash, business records, equipment and [...]

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 [...]

Reverse Flow

“City owes $85,000 for pulling strip club’s licence,” reports TheSpec.com. According to the article, “[t]he city’s licensing committee pulled the defunct strip club’s licence in July 2006 because of inactivity. The decision, which was upheld by council, quashed plans to reopen the strip joint. At the time, the move was celebrated by councillors as a [...]