Earlier this month, the 11th Circuit considered the constitutionality of an ordinance enacted in Sandy Springs, Georgia, which criminalizes the distribution of sexual devices. Although not a First Amendment case, we’re including a post on the case because the decision relates to a First Amendment-protected land use—adult businesses—and introduces an alternative constitutional theory for
Court Denies Adult Expo’s Motion for Preliminary Injunction; City’s Convention Center is a Limited Public Forum
In an opinion issued last month, a federal district court in Texas denied an event promoter’s request for a preliminary injunction to compel the City of Dallas to contract with the promoter for use of the Dallas Convention Center in connection with a three-day adult entertainment expo called “Exxxotica.”
The promoter contracted with the City to hold Exxxotica at the Convention Center in 2015. Prior to that event, the promoter had promised the City that no one under eighteen would be admitted to the event, sexual activities would be prohibited and no obscenity or public lewdness would be permitted. However, despite the promoter’s promises, the City had evidence, including video footage, of likely underage attendees and lewd conduct at the event.
Continue Reading Court Denies Adult Expo’s Motion for Preliminary Injunction; City’s Convention Center is a Limited Public Forum
$435,000 Damage Award to Milwaukee Strip Club Upheld
Before 2012, the City of Milwaukee, Wisconsin required strip clubs to obtain one of three business licenses: if the club included both alcohol and nudity, the club would require both a liquor license and a “tavern-amusement license”; a dry strip club required either a “theater license” or a “public-entertainment club license.”
Continue Reading $435,000 Damage Award to Milwaukee Strip Club Upheld
Seventh Circuit Hints That Reed Does Not Apply In Adult Business Regulation Cases
One of the big questions coming out of the Supreme Court’s decision in Reed v. Town of Gilbert was whether Reed’s standard for content neutrality analysis would change past Supreme Court jurisprudence regarding regulations of adult businesses. Under the precedents set in Young v. American Mini-Theatres, Inc. and City of Renton v. Playtime Theatres, Inc., adult businesses can be specially regulated by local governments under the theory that the regulations are content neutral because they are targeted at the “secondary effects” of such businesses. Reed held that any facially content based law should be subject to strict scrutiny. Laws that apply to adult businesses are arguably facially content based, since they apply to particular forms of speech and expression. Thus, there was skepticism that Reed might portend an overruling of prior cases regarding adult businesses.
Continue Reading Seventh Circuit Hints That Reed Does Not Apply In Adult Business Regulation Cases