Justice Delayed is Property Deprived

This tale sounds familiar. It’s about the Singhs, who operate a retail martket in south Stockton, California. The Singh’s “market has been selling alcohol for about 60 years as a legal nonconforming use. Located in a high crime area, its parking lot has been a center of criminal activity, from loitering, public drunkenness, gambling and narcotics activity to assaults, [...]

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; [...]

LaBella’s Loss

Judge Virginia M. Kendall issued this opinion (from the U.S. District Court for the Northern District of Illinois) last week. It concerns a restaurant (LaBella) that claimed it was the victim of selective enforcement and due process violations by the Village of Winnetka. LaBella sued under 42 U.S.C. Sec. 1983, alleging violations of the Equal Protection [...]

A bad idea

A New York tavern catches a break in a decision issued last Thursday. The city went after the bar’s liquor license after a police officer witnessed a patron smoking a joint [read "marijuana cigarette"]. The administrative law judge revoked the license. But the Supreme Court of New York overturned that decision. Writing for the court, Judge Catterson stated, ”[w]e find that [...]

Customer wins video-poker credits, Saloon loses liquor license

Although this opinion was issued in July, it was only recently published. (Which is how I found it.) Here are the CliffsNotes: The Boom Town Saloon has a video poker machine. A Chicago vice officer, while enjoying a beverage at the saloon, noticed a patron using the video machine. He ”watched the patron insert money into the machine [...]

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 [...]