7th Circuit: SOB crime study does not support hours-of-operation ordinance
Annex Books v. City of Indianapolis, No. 09-4156 (7th Cir. Oct. 1, 2010)
NJ Superior Court reverses injunction against sexually oriented business, holds internet is not sufficient “alternative forum”
Borough of Sayreville v. Club 35, LLC, No. A-3537-08T1 (N.J. Super. App. Div. Sept. 17, 2010)
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)
Federal record keeping requirements requiring porn producers to maintain age and identity records pursuant to 18 U.S.C. §§ 2257 and 2257A are not unconstitutional
Free Speech Coalition Inc. v. Holder, No. 09-4607 (E.D. Pa. July 27, 2010)
Licensing provisions are unconstitutional where they fail to require the city to act on applications within a specified period of time
ATL Corp. v. City of Seattle, No. C09-1240RSL, 2010 WL 2836164 (D. Wash. July 19, 2010)
4th Circuit upholds Virginia mixed alcohol restrictions on sexually oriented businesses
Imaginary Images, Inc. v. Evans, No. 09-1199 (4th Cir. July 15, 2010)
11th Circuit: Residence used for recording sexual activity to broadcast on the Internet properly regulated as business
FlavaWorks, Inc., v. City of Miami, No. 09-11264, 609 F.3d 1233 (11th Cir. June 25, 2010)
Residence used for recording sexual activity to broadcast on the Internet was not properly regulated as an “adult businesses” but was properly regulated as a business.
Law Review: Alternatives for Adult Uses Required When Town is Sued
Alternatives for Adult Uses Required When Town is Sued
Anthony S. Guardino, 5/26/2010 N.Y.L.J. 5, (col. 2)
“The particular issue in TJS was whether the constitutionality of a zoning ordinance should only be evaluated with regard to the ‘alternative avenues of communication‘ the ordinance left open at the time it was passed, or those it left open at the time it was challenged.”
Non-conforming use provision does not apply to new business at old site
Goppelt v. Ascension Parish Council, No. 2009 CA 1698, 2010 WL 1946670 (La. App. May 13, 2010)
KY: Supreme Court upholds Louisville sexually oriented business ordinance
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.”
