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 [...]

Ninth Circuit sends Alameda Books down for trial

Last Friday the Ninth Circuit Court of Appeals issued its latest opinion in a seemingly never-ending case, Alameda Books, Inc. v. City of Los Angeles. The district court erred by granting summary judgment to the bookstores, in part, because credibility questions swirled around the stores’ expert witnesses; the court of appeals reasoned that material facts based on such [...]

It never ends

That’s what they say about parenthood — Happy Father’s Day. Here’ an unpublished opinion issued last Friday by the Fifth Circuit Court of Appeals. A little background: In 1994, El Paso Entertainment (a strip club) sued the City of El Paso, challenging the validity of its zoning ordinances regulating Sexually Oriented Businesses. Before that issue could be resolved, the City and [...]

Church v. Liquor

Yesterday the Louisiana’s Court of Appeal (Second Circuit) issued this opinion. It begins: We granted rehearing to further review whether the Shreveport City Council (the “City Council” or “City”) abused its discretion when it reversed the decision of the Zoning Board of Appeals (the “ZBA”) which granted the special exception use to Roland Toups for his [...]

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 [...]

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 [...]

No escaping this adult entertainment ordinance

A little over a week ago, the Michigan Court of Appeals issued this (majority) opinion. A divided court (2-1) affirmed that Erie Township did not violate the rights of Alcatraz Industries, Inc. by adopting an ordinance restricting adult entertainment establishments to C-2 zoning districts. Among other restrictions, the ordinance requires an adult business to obtain a [...]

But everbody knows it’s true, right?

The central issue in this appeal concerns the constitutionality of a zoning ordinance adopted by the Township of Cinnaminson that restricts the location where commercial establishments that sell adult videos and novelty items can operate. The trial court rejected defendants’ constitutional challenge, finding that the ordinance constituted a reasonable time, place, and manner restriction, was [...]

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 [...]