Georgia Supreme Court upholds noise ordinance

Sometimes discretion is the better part of valor. One early Saturday morning, Ian Grady was cited by a county police officer for violating Athens-Clarke County Ordinance § 3-5-24(c)(2)(a), which prohibits noise from “mechanical sound-making devices” or from a party that is “plainly audible” 100 feet away from a person’s property limits between midnight and 7:00 [...]

Springfield to defend its “family-oriented theater” alcohol ban

This article appearing today on News-Leader.com caught my eye. In the article, Amos Bridges reports that the City of Springfield (MO) will defend a new ordinance that “prohibits alcohol sales at any movie theater where customers younger than 21 account for more than 25 percent of ticket sales.” Theaters that “have achieved … IRC section 501(c)(3) status” are expressly [...]

Indiana adult bookstore ordered to cease operating as such

Last week the Indiana Court of Appeals issued this decision. A little background. Once upon a time, in early 2005, there was a plot of “land at the southwest corner of the intersection of highways I-65 and State Road 250 in an unincorporated area [that] was developed — with a building, driveway, and signage for [...]

An alternative to double-secret probation

An opinion issued today by the First Circuit Court of Appeals begins: The town of Narragansett (the Town), a sleepy seaside community in southern Rhode Island, boasts some of the most beautiful beaches on the eastern seaboard. Each summer, the Town experiences a substantial influx of seasonal residents. Each fall, the Town empties out, leaving [...]

Can you hear me now?

The City of Laguna Beach has an amplified sound ordinance, which bans the use of a bullhorn (a) within 100 yards of a school 30 minutes before or after the dismissal bell, and (b) within 100 yards of City Hall. The law is being challenged. In this opinion, the Ninth Circuit Court of Appeals held that the [...]

How much is that lawn mower in the window?

Paul Braley (“Braley”) has a leasehold interest in property in Forest Park, Georgia, where he operates a retail salvage store. Since 1984, he has displayed merchandise for sale to the public in front of the store in an area where there is a sidewalk and places to park. In March 2007, the City of Forest [...]

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; [...]

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.

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 [...]

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 [...]