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 [...]

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 [...]

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 [...]

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 [...]

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 NewsAndTribune.com (which, oddly enough, is a “.net” Web site)  here. The Clarksville Town Court held that the ordinance regulating sexually oriented [...]

A 1-2 punch