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’ [...]

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 [...]

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 [...]

“Son, kick their butt.”

That’s one of my favorite lines from Hoosiers. Another comes from Coach Dale: ”My practices are not designed for your enjoyment.” Well, one Indiana adult club just let the City of Kokomo know something about the club’s practice of renewing alcohol permits: “Kokomo strip club wins fight over liquor license,” is the title of this article. It’s a simple story. In 2001 Mom [...]

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 can’t go there

This case concerns a “human display establishment.” In 2005 San Antonio adopted Ordinance 101022, which contains a section that prohibits an individual from “intentionally or knowingly appear[ing] in a state of nudity in a public place.” Another section of the Ordinance makes it ”unlawful for any person to intentionally or knowingly entertain or appear in a state of [...]

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 [...]

Scores doesn’t score a federal injunction

Yesterday Judge Richard J. Sullivan of the Southern District of New York (USDC) issued an order dismissing a complaint brought by Scores East.   So what is Scores complaining about? It says the New York State Liquor Authority (“SLA”) is trying to yank its liquor license in a way that violates the First Amendment. Specifically, the complaint alleges the [...]

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 [...]