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Adult video store wins grandfathering right (Georgia)

Dec 10, 2007 Adult video store wins grandfathering right (Georgia)

Bill of Rights. (From the public domain.)

My law practice includes criminal and civil representation of those in the adult entertainment industry. In that context, I learned from a fellow listserv member that a Georgia adult video store in September 2007 won a partial federal court victory by winning the right to be grandfathered under an otherwise much more stringent legal scheme for regulating adult entertainment businesses. Augusta Video v. Augusta-Richmond County, No. 06-16053 (11th Cir. Sept. 6, 2007) (unpublished).

In some respects, this case’s appellate holding relies on the grandfathering zoning provisions of Georgia law that do not apply to every state. At the same time, the opinion addresses some issues that repeatedly arise in adult zoning cases nationwide, including the Constitutional requirement for limiting discretion to government officials who issue operating and zoning permits for adult entertainment businesses. 

Adult entertainment litigation typically involves First Amendment issues that go to the heart of everyone’s First Amendment rights, and not merely to the rights of those in the adult entertainment industry. Jon Katz

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