Davenport strip club to remain open

The Iowa appellate courts continue to impress me (for one). Radio Iowa reports here that the Iowa Court of Appeals‘ decision will stand: The Chorus Line is located near Dr. John’s, an adult store. But Davenport, in an attempt to prevent red-light districts, restricts adjacent adult businesses and refused to give the Chorus Line a [...]

Sweepstakes and Guns and Bars

A couple of articles caught my eye today. First, there’s this article (by Demorris A. Lee) appearing online in today’s St. Petersburg Times. It begins: A federal judge’s ruling on whether the constitutional rights of a Pinellas County sweepstakes cafe owner were violated when deputies shut down her business could affect efforts to press criminal charges against [...]

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 [...]

Adult entertainment business applicant gets another chance

Last week Ohio’s Fourth District Court of Appeals affirmed a lower court’s decision to vacate a zoning board’s decision to deny a nightclub’s application for a zoning permit. Got that? Sorry. Tortured descriptions of procedure (like that) are almost unavoidable when talking about appellate decisions arising from administrative rulings. This case presents a typical fact pattern. A would-be adult nightclub applies to [...]

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 [...]

A time for change

Here’s a down-to-the-wire 2010 decision … D. Russo, Inc. v. Township of Union. In this case, a strip club and an adult bookstore sued a New Jersey township, challenging the constitutionality of the town’s Sexually Oriented Business ordinance. But the town didn’t simply read the lawsuit and relent; it elected to fight. Eventually, though, the township amended the challenged SOB ordinances. Then [...]

The Hubbub with StubHub!

The resale of tickets to sports, concerts, and other events usually is illegal in Illinois, if the tickets fetch more than the original price. 720 ILCS 375/1.5(a). Resale at a premium is called scalping, and rules that forbid it even when the events’ promoters are content to allow resale have puzzled economists. That is how Chief [...]

It’s just business …

Today the Eleventh Circuit Court of Appeals issued this opinion. The case, styled Flava Works, Inc. v. City of Miami, concerns “CocoDorm.com, which operates an internet-based website of the same name. The CocoDorm website transmits images, via webcam, of the residents of 503 Northeast 27th Street, Miami, Florida, over the internet.” The question is whether Flava [...]

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 [...]

Traffic Jamming

“The Federal Communications Commission fined Rocky Mountain Radar for producing two types of police radar jammers. The Commission alleged that the jammers harmfully interfered with authorized radio communications – a violation of FCC regulations,” begins this opinion from the Fifth Circuit Court of Appeals issued today.  As framed, the issue “is whether C450 and S201 are ‘intentional radiators’ [...]