Feb 24, 2011 Federal court enjoins adult entertainment ordinance
Yesterday, a federal trial judge in Illinois issued a temporary restraining order against the City of Metropolis, for reasons including that the plaintiff erotic cabaret and erotic DVD seller "has presented sufficient evidence suggesting that the ordinance was designed to fundamentally destroy its business model and reduce secondary effects by causing it to close, a result not permitted by Alameda Books." Metro Pony, LLC v. City of Metropolis, Case No. 10-cv-144-JPG (S.D. Il., Feb. 24, 2011).
The ordinance in questions makes it a misdemeanor to violate the ordinance.
Governments repeatedly hide behind the secondary effects doctrine — which needs to be stricken down as incompatible with the First Amedment — in efforts actually meant to close down adult video stores and strip clubs.
Congratulations to the plaintiff’s lawyers who won this case. Thanks to my colleague who circulated the injunction opinion and order.