7/25/2023 0 Comments Deja vu lansing specials![]() Metropolitan Nashville timely appealed the district court's decision striking down the definitions and the civil disability, disclosure, and fee provisions the refusal to sever the tainted provisions and the imposition of the permanent injunction. In December, the district court made the preliminary injunction permanent. ![]() The court further found that the tainted provisions could not be severed, and therefore enjoined the entire Ordinance. On October 1, 1999, the district court granted the motion, finding the definitions of "sexually oriented" and "sexually oriented theater," the civil disabilities provision, the disclosure provision, and the fee amounts unconstitutional. The plaintiffs also moved for another preliminary injunction, raising all of their constitutional challenges to the Ordinance. The plaintiffs timely appealed the dissolution. Metropolitan Nashville subsequently amended the Ordinance, and, on December 7, 1998, the district court dissolved the preliminary injunction. On December 11, the district court consolidated the two cases and granted a preliminary injunction because the Ordinance failed to provide for prompt judicial review the district court did not address the constitutionality of the disability provisions. Shortly thereafter, the Pendergrass plaintiffs filed a similar complaint, requesting a preliminary injunction on the grounds that the Ordinance failed to provide prompt judicial review of licensing decisions and that its civil disability provisions violated the First Amendment. The Deja Vu plaintiffs reserved their right to request a future preliminary injunction on other grounds. In October 1997, the Deja Vu plaintiffs sought a preliminary injunction based solely on the ground that the Ordinance failed to provide prompt judicial review of licensing decisions by the Board. Metropolitan Nashville charges applicants five hundred dollars to apply for a license, and one hundred dollars to apply for a permit. 6.54.140(C)), applicable to all license and permit-seekers. The Ordinance includes a civil disability provision (M.C.L. Licenses and permits must be renewed on a yearly basis, and can be suspended or revoked for, among other things, repeated failure to comply with any of the licensing or permitting requirements, failure to pay required fees, or knowingly denying access to law enforcement personnel during business hours. The permit requirements are essentially identical to the license requirements. Additionally, all entertainers working within a sexually oriented business must obtain a permit from the Board. See Metropolitan Code of Laws 6.54.030(A). ![]() The Ordinance requires all "sexually oriented businesses" to obtain a license issued by the Sexually Oriented Businesses Licensing Board before being permitted to operate. 37-43) delivered a separate opinion concurring in part and dissenting in part. 00-5881.īefore: MARTIN, Chief Judge WELLFORD and SUHRHEINRICH, Circuit Judges.ĭelivered the opinion of the court, in which SUHRHEINRICH, J., joined. Dean (argued), Metropolitan Government of Nashville & Davidson County, Nashville, TN, for Defendants-Appellants for No. Abrams (briefed), Metropolitan Department of Law, Nashville, TN, Karl F. Herbison (briefed), Nashville, TN, for Plaintiffs-Appellees for No. Abrams, Sirkin, Pinales, Mezibov & Schwartz, Cincinnati, OH, John E. Wilkins (briefed), Shafer & Associates, P.C., Lansing, MI, Michael F. Dean (argued), Metropolitan Government of Nashville & Davidson County, Nashville, TN, for Defendants-Appellants/Cross-Appellees for Nos. Herbison (briefed), Nashville, TN, for Plaintiffs-Appelless/Cross-Appellants for Nos. Kinsley (briefed), Sirkin, Pinales, Mezibov & Schwartz, Cinicinnati, OH, John E. Dean, METROPOLITAN GOVERNMENT OF NASHVILLE & DAVIDSON COUNTY, Nashville, Tennessee, for Defendants-Appelless for No. Shafer, SHAFER & ASSOCIATES, P.C., Lansing, Michigan, for Plaintiffs. Abrams, METROPOLITAN DEPARTMENT OF LAW, Nashville, Tennessee, for Defendants. Herbison, Nashville, Tennessee, for Plaintiffs.įrancis H. Kinsley, SIRKIN, PINALES, MEZIBOV & SCHWARTZ, Cincinnati, Ohio, John E. Wilkins, SHAFER & ASSOCIATES, P.C., Lansing, Michigan, Michael F. Appeal from the United States District Court for the Middle District of Tennessee at Nashville., Nos.
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