Case Summaries 
of Importance to Counties

2009 Adult-Oriented Establishments

• Entertainment Productions Inc. v. Shelby County, 35 TAM 4-39—Shelby County enacted the Adult-Oriented Establishment Registration Act.  The owner of several adult establishments in the county filed suit challenging the Act on constitutional grounds.  The owner argued that several definitions and prohibitions within the Act were unconstitutionally overbroad and vague.  The owner also argued that the Act would reduce the “quantity and accessibility of speech.”  Based on these claims, the owner asked the District Court for an injunction, which was denied.  The Sixth Circuit Court of Appeals affirmed the District Court’s decision and found for the county on each of the claims (November 25, 2009).

• East Brooks Books Inc. v. Shelby County, 35 TAM 4-40—This was another challenge to the Adult-Oriented Establishment Registration Act in Shelby County.  Here, the owner of two adult bookstores sought an injunction and challenged the Act on the following grounds:  (1) The Act is unconstitutional because the definition of “adult bookstore” violates the Equal Protection Clause; (2) The Act’s prohibition on the sale of alcohol violates the Due Process Clause because it is overly broad and because it imposes strict liability for violations; and (3) The provisions in the Act allowing for revocation of a license for past violations of the Act are unconstitutional because they constitute prior restraint on future expression.  The District Court denied the request for the injunction and the Sixth Circuit Court of Appeals affirmed and found for the County (November 25, 2009).