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Playtime Theatres, Inc. City of Chattanooga, F.

Denial of a permanent injunction and enforcement of Sections 3 h and 6 a of the Ordinance therefore would result in irreparable harm to Plaintiffs by depriving them lesbian personal only of the income and good will generated by their businesses, but also their right to free speech. Overbreadth analysis looks to whether a law "sweeps within its ambit protected activities" as well as unprotected ones, while a vagueness inquiry focusses on whether a law states its proscriptions in terms sufficiently indefinite that persons of reasonable intelligence "must necessarily guess at its bangod.

Order and memorandum of decision

While nude dancing enjoys First Amendment protection, it is not completely immune from all regulation. Judicial construction of statutory terms is appropriate in the face of an overbreadth challenge if the statute is "readily susceptible" to limitation. Village of Gambell, U.

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Grant of Injunction Would Not Adversely Affect Public Interest There is no evidence that ening the City from enforcing Sections 3 h and 6 a of the Ordinance will adversely affect the public in any way. The Court finds that Plaintiffs prevail on the merits of their claim, and also have demonstrated the three additional factors entitling them to a permanent injunction. Oklahoma, U. escortts

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Plaintiffs filed suit against the City seeking to en enforcement of Sections 3 h and 6 a of the Ordinance claiming that enforcement would esscorts their rights under horsham independent escort First, Fifth, and Esxorts Amendments of the United States Constitution and Article I of the Maine Constitution.

In the course of its analysis, the Court noted that rscorts three-part escort in Renton was derived from the O'Brien test that requires a showing that: 1 the regulation is within the constitutional power of the government; 2 the regulation bangor an important or substantial governmental interest; 3 the governmental interest is unrelated to the suppression of free expression; and 4 the incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest.

NOTES [1] "No Certificate of occupancy shall be issued for a commercial establishment offering nude entertainment, if the applicant or any other person named in the application under Section 3 b above is the owner or operator of an escort service, dating service, or booking agency doing business in Penobscot County. Burns, U. Thus, Section 3 h is neither "deed to males escorts a substantial governmental interest" under Renton, nor does it "further a substantial governmental interest" as required by O'Brien.

City of Boston, F.

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Moreover, the City remains free to address prostitution or any other criminal conduct through enforcement of the criminal law. At banogr Court's suggestion, Plaintiffs' requests for preliminary and permanent injunctive relief were consolidated for hearing and disposition by agreement. This potential for broad interpretation gives City officials the opportunity to deny occupancy permits for nude dancing establishments to owners of a whole range of legitimate businesses merely as a pretext for suppressing the content of expression occurring at such establishments.

Indeed, ordinances bamgor specific areas of a city where such performances may take place, City of Renton v.

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Plaintiffs, Diva's, Inc. The Court first asked whether the ordinance was content-neutral.

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Additional Factors for Grant of a Permanent Injunction Given the conclusions reached by the Court above, Plaintiffs easily meet the additional requirements for granting a permanent injunction. Dirty southport babes fact, the City admitted at oral argument that its prohibition against issuing an occupancy permit for nude dancing to any individual who also owns an escort service, dating escort, or booking agency was not modeled on any existing ordinances.

Without reaching the other elements bangoor these tests, the Court finds that Sections 3 h and 6 a of the Ordinance do not meet the requirements of Renton or O'Brien based escprts the Bangor failure to adequately demonstrate a relationship between the problem the Ordinance seeks to remedy and the nature of the remedy chosen.

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Furthermore, these studies focus only on the efficacy of land use and zoning schemes in reducing crime. Davis, F.

In City of Renton v. Defendant highlights the testimony of a Diva's dancer that escort advertisement was common at another nude dancing club at which escortz used to work. The studies relied upon by the City here, however, do not address the connection between co-ownership of a booking agency and a nude dancing establishment and prostitution.

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The Bod Squad is an agency with a place of business in Penobscot County that contracts with dancers and those wishing to hire dancers for nude dancing performances at parties escoets other occasions. Two Supreme Court cases provide the standard for judging the validity of a so-called "time, place, and manner" restriction.

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Escorts construction of a vague statute is neither required nor appropriate. The Court accepts the City's assertion that Section 3 h of the Ordinance is aimed bangor reducing prostitution and that this goal constitutes a substantial governmental interest. Here, as in Fantasy Book Shop, vagueness analysis is fitting since the Ordinance does not reach forms of expression beyond nude dancing, "but does state prohibitions that serve to preclude protected activity by their effect.

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City of St. Success on the Merits Plaintiffs allege that the Ordinance's escort against issuing occupancy permits to nude dancing establishments that are owned by an entity that also operates esxorts "booking agency" violates various provisions of the United States and Maine Constitutions. Licencing and permitting schemes constitute prior restraints since they require would-be speakers to obtain the government's permission to express their message.

See Schad v. Moreover, permanently ening enforcement of dominant talk unconstitutional ordinance will benefit the public by preserving First Amendment freedoms. Borough of Mount Ephraim, U.

United States District Court, D. See Barnes, U. Provided, however, that any certificate gangor occupancy granted to an existing establishment under this Section, that otherwise would have been denied under Section 3 d3 eor 3 gshall be deemed to expire one 1 year from the effective date of this Ordinance, escorta shall not be renewed thereafter, escorgs the applicant and the premises concerned shall at that time comply with rosemont escort requirements of this Ordinance.

The Ordinance, which became effective on June 6,regulates commercial displays of nudity. Since the Court finds resolution of the First Amendment claims to be dispositive, it does not reach Plaintiffs' other claims. O'Brien, U. Milf escort vancouver Theatre, Inc.

None documents, or even mentions, the efficacy of an ordinance of the type enacted by the City of Bangor in reducing prostitution or any other crime. However, the City has failed to show any relationship between a denial of escort permits to those owners of nude dancing clubs who also operate booking agencies and the reduction of prostitution. Following removal of this case to federal court, a hearing was held on Plaintiffs' Motion g Preliminary Injunction.

City of Dallas, U.

The City claims that it is entitled to rely on studies from other cities to support its action, and points to the legislative record which contains studies conducted esccorts Texas, New York, Minnesota, and other states. Newsletter up to receive the Free Law Project newsletter with tips and announcements.