Déjà Vu of Nashville, Inc. is a business engaged “in the presentation of female performance dance entertainment to the consenting adult public.”  More prosaically, Déjà Vu operates a strip club.  That business, you will not be surprised to learn, has its detractors.  After those detractors found themselves unable to prevent Déjà Vu from operating as a permitted use in downtown Nashville, they took aim at Déjà Vu’s planned valet service, which was to be operated by a third party.  They succeeded in persuading the city to deny the permit application for that valet service.  In return,
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An example of San Francisco’s warning label. Image credit: Behavioral Science and Policy. Used subject to license.

A San Francisco ordinance requiring health warnings on advertisements for some sugar-sweetened beverages has suffered an early defeat.  On January 31, the Ninth Circuit ruled, en banc, that the district court should have granted

Photo by Peter Kaminski, used pursuant to Creative Commons 2.0 license.

Fewer than six months after it was enacted as an “emergency” measure, a Cincinnati ordinance singling out billboards for special taxes has succumbed to a constitutional challenge. The ordinance, which met legal headwinds from the start, transparently aimed to make life miserable for the city’s billboard operators and consisted of two primary components: (1) a special tax on revenues from billboard advertising and (2) a hush provision preventing those operators from telling advertisers about the tax.  An Ohio judge wasted little time in finding both provisions unconstitutional and
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A recent discovery dispute over Madison, Wisconsin’s revised sign codes recently provided a reminder regarding the evidence that is and isn’t relevant in a Free Speech challenge.  And let’s not bury the lede: a legislator’s private motivations for amending the sign code, the court concluded, don’t matter.

A only-in-Wisconsin billboard. Photo credit: Environmental Protection Agency, public domain

Adams Outdoor Advertising, a billboard operator, brought a facial and as-applied First Amendment challenge to Madison’s sign code after the city’s 2017 overhaul severely restricted off-site advertising.  The challenge itself is ongoing and Adams Outdoor contends that Reed v. Town of Gilbert’s test for content-based regulations—and not Central Hudson’s more permissive test for commercial speech regulations—should invalidate Madison’s new approach.

In the hopes of bolstering that contention, Adams Outdoor submitted discovery requests for information about the purpose of the 2017 amendment and, in particular, legislators’ personal motivations for adopting it.  The city refused to provide the information, invoking legislative privilege, and the dispute eventually reached the court.
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Although this blog often focuses on the First Amendment’s Free Speech clause, we occasionally wander into the First Amendment cases involving religious exercise as well.  A Hand of Hope Pregnancy Resource Center v. City of Raleigh, emerged from Raleigh’s determination that Hand of Hope could not operate a religious pregnancy counseling center in a residential zone district, and therefore offers a bit of both.

Hand of Hope had previously operated a pregnancy resource center in Raleigh, where it offered clients both spiritual guidance and reproductive health information.  Its services also included pregnancy testing and
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Photo Credit: Robert Coure-Baker. Used subject to creative commons license https://creativecommons.org/licenses/by/2.0/

In an effort to curb visual clutter and reduce litter, Chicago’s sign ordinance has, since 2007, prohibited posting “commercial advertising material” on city-owned property.  No longer, however.  Writing recently, the U.S. District Court for the Northern District of Illinois struck

The U.S. District Court for the Eastern District of Missouri recently sided with a St. Louis-area locality of 1,500 best known as the home of the events behind The Exorcist, upholding its sign code against a motion for preliminary injunction.  The principle facts were these: the City of Bel-Nor code allows one double-faced stake-mounted yard sign per improved parcel.  Plaintiff Lawrence Willson placed three such signs in his yard, a window sign near his front door asking first responders to rescue his pets, and an “Irish for a Day” flag in his garden.  Bel-Nor cited him for violating the one-sign-per-yard ordinance, but did not take issue with the window sign or garden flag, although they too likely violated its sign code.

Lawrence, represented by the ACLU, sought a preliminary injunction to enjoin Bel-Nor from enforcing its entire sign code ordinance, arguing that the ordinance violated his Constitutional right to Free Speech.  The district court rejected the request with a rote application of First Amendment principles.
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The U.S. District Court for the Southern District of New York recently declared unconstitutional New York City’s ban on advertising in vehicles other than exempted taxis.  Under the city’s program, medallion and certain other taxis could display advertising, including seat-back television content and advertising, but other for-hire vehicles (“FHVs”), like those used for Lyft and

The City of Oakland, California, evidently hoping that new multifamily residential and commercial developments will contribute to public art displayed around the city, last year enacted an ordinance requiring art purchases as a condition of development approval.  For new multifamily developments, the city requires art purchases (or an in lieu payment to the city’s public art fund) equivalent to .5 percent of a proposed building’s development costs.  New commercial developments incur purchase requirements or fee payments equal to 1 percent of those costs.  And for developers choosing to purchase art, the city requires that they display it on the property where the development will occur.

The Building Industry Association-Bay Area (“BIA”) challenged the ordinance’s validity, arguing
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Photo credit: slgckgc, flickr. Used pursuant to license: https://creativecommons.org/licenses/by/2.0/.

Don Karns and Robert Parker are evangelical Christian ministers.  The New Jersey Transit Corporation is a government entity providing mass transit services throughout the Garden State.  All three arrived together in court (the first time) after the preachers began proclaiming their creed