Opinion

Deja Vu of Cincinnati, L.L.C. v. Union Township Board of Trustees

  • 411 F.3d 777
  • 2005 WL 1431472
Court
Court of Appeals for the Sixth Circuit
Filed
Jun 21, 2005
Status
Published
Author
Martin
On the bench
Boggs, Martin, Batchelder, Daughtrey, Moore, Cole, Clay, Gilman, Gibbons, Rogers, Sutton, Cook
Cited by
8 cases

noting that licensing ordinances applying subjective standards, such as the ordinance at issue in Freedman v. Maryland, 380 U.S. 51, 59, 85 S.Ct. 734, 13 L.Ed.2d 649 (1965), "necessitate [] that strict time limits be placed on judicial review"

How later courts described this case

  • noting that licensing ordinances applying subjective standards, such as the ordinance at issue in Freedman v. Maryland, 380 U.S. 51, 59, 85 S.Ct. 734, 13 L.Ed.2d 649 (1965), "necessitate [] that strict time limits be placed on judicial review"

Written by the judges who cited it.

The opinion

BOYCE F. MARTIN, Jr., Circuit Judge,

with whom Judges DAUGHTREY and MOORE join, dissenting in part.

We join Judge Clay’s dissent concluding that the ordinance amounts to an unconstitutional prior restraint on protected expression. The ordinance simply fails to provide for judicial review of a Board decision to not renew or to revoke a permit for an adult cabaret when the decision is issued “preliminary to or as a result of a criminal proceeding.” We also agree with Judge Clay that the hours of operation provision fails the constitutional standard of being “narrowly tailored to serve a significant governmental interest.” The ordinance therefore violates the First Amendment. Because we would invalidate the hours of operation provision on First Amendment grounds, we would not reach the parties’ Equal Protection challenge.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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