Can you hear me now?

This opinion from the Eleventh Circuit Court of Appeals concerns an open-atrium nightclub in Miami which, apparently, likes to play music. But the club’s neighbors (or some of them) don’t like to listen. The plaintiffs argued that the City’s noise ordinance was facially unconstitutional. The court disagreed. If you’re listening, it’s “Plaintiffs 0, Miami-Dade County [...]

Good (and bad) things come in small packages

The Tenth Circuit Court of Appeals issued this opinion yesterday. The case involves a retail novelty store, Dr. John’s, that sells a “range” of adult products. When the City of Roy (Utah) insisted that Dr. John’s submit to its sexually oriented business (SOB) licensing scheme, Dr. John’s launched a comprehensive challenge to the city’s SOB [...]

Is Store Sexually Oriented?

I stumbled across How Appealing‘s post to this article in The Dallas Morning News. At issue is whether the store is fairly characterized as an ‘adult’ store, given its nondescript inventory. The City says yes; the store says no. Our law firm is litigating similar issues with increasing frequency. Local governments enjoy wide latitude (courtesy [...]