Curves v. Spalding County, Ga, No. 10-13871 (11th Cir. July 6, 2012)
Ocello v. Koster, No. SC91563 (Mo. Nov. 15, 2011)
The law prohibits totally nude dancing and any contact between dancers and patrons. It prohibits the sale of alcohol at such businesses and requires that they close at midnight. It restricts enclosed booths to discourage promiscuous sexual activity. It requires that any such businesses be located at least 1000 feet from any school, church, day care center, public park, any residence, or any other sexually oriented business.
“In Legend Night Club v. Miller, [No. 09-1540] the panel majority affirmed a permanent injunction against enforcement of the law that was imposed in 2009 by a federal district court . . . “
“A new Rick’s Cabaret is about to open near the South entrance to DFW International Airport . . . The new strip club is trying to get a liquor license from the Texas Alcoholic Beverage Commission. Prominent Tarrant County leaders, including County Judge Glen Whitley, are protesting the permit.”
NJ: Federal court calls for further factual inquiry to determine whether SOB qualifies as non-conforming use where it makes operational changes
MAG Realty, LLC v. City of Gloucester City, 2010 WL 3210441 (D.N.J. Aug. 12, 2010)
Imaginary Images, Inc. v. Evans, No. 09-1199 (4th Cir. July 15, 2010)
CitizenLink, DriveThru: “The Supreme Court of Kentucky handed the city of Louisville a huge gift today when it decided in favor of an extensive sexually oriented business ordinance passed by the Metro Council in 2004. All but one provision was held to be constitutional.”
Washburn County Register: “The city ordinance prevents liquor-licensed establishments, with the exception of performance arts centers, from having nudity or acts simulating sex, citing potential secondary effects such as prostitution and crime. Olson was told this prohibited his establishment, Moe’s Place, from having topless dancers, so he began having dancers wearing bikinis instead.”
Investigative Voice: “The Baltimore City Liquor Board has suspended the license of a Fells Point strip bar for one year. The suspension came after a liquor board hearing over charges that owners of Chubbies last July operated the club later than allowed by their license.”
11th Circuit: County studies documenting negative secondary effects are sufficient for prohibition of alcohol at sexually oriented businesses
Flanigan’s Enterprises, Inc. v. Fulton County, Ga., No. 08-17035 (11th Cir., Feb. 16, 2010)
11th Circuit: County studies documenting negative secondary effects are sufficient for prohibition of alcohol at sexually oriented businesses.