Max Hardcore might not do Max-hard-time

Today the Eleventh Circuit Court of Appeals affirmed an obscenity conviction but … The trial of Paul F. Little a.k.a. Max Hardcore included allegations of (1) improper comments by the government during closing argument; (2) improper jury instructions; (3) improper handling of juror irregularities; (4) failure of the judge to recuse herself; and (5) errors in [...]

Today’s adult entertainment decisions

A pair of decisions to start the week. “The town of Clarksville’s legal case against Theatair X was dismissed Monday as a judge ruled the town’s ordinance is not valid and therefore cannot be enforced,” reports the (which, oddly enough, is a “.net” Web site)  here. The Clarksville Town Court held that the ordinance regulating sexually oriented [...]

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; [...]

The price of saying no

Chicago Joe’s continues to give the Village of Broadview — and its Board of Trustees — all it can handle. The self-proclaimed “Tea Room” applied for a special use permit to offer adult entertainment. Denied. A federal suit followed, alleging, among other things, that the zoning code violated the First Amendment. In the latest round, Judge Gottschall held [...]

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 [...]