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New Jersey bars may now post signs this like this one. Source: steezdesign.com.

Last month, a federal court ruled that New Jersey’s prohibition on “BYOB” advertising—that is, advertising by drinking and entertainment establishments allowing patrons to bring their own alcoholic beverages—violated the First Amendment.  As a result of the court’s ruling, Garden State restaurants will now be allowed to post advertisements encouraging their patrons to bring their own wine and beer.

New Jersey law allowed patrons to bring wine or beer onto the premises of establishments that are not licensed to serve alcoholic beverages, but prohibited such establishments from advertising that it was permissible to do so.  An Atlantic City nightclub, Stiletto, filed suit in federal district court against Atlantic City and the state, seeking to invalidate the state law.  Stiletto wished to advertise that patrons could bring their own beverages to the nightclub.
Continue Reading New Jersey Prohibition On “BYOB” Advertising Found Unconstitutional

The Gentleman’s Playground in Rocky Mount, North Carolina. Source: Yelp

This post was authored by Otten Johnson summer associate Lindsay Lyda.  Lindsay is a rising third-year law student at the University of Colorado Law School.

A few weeks ago, the Fourth Circuit Court of Appeals affirmed a district court’s summary judgment…

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