Citations: F. Armstrong, Mayor of the City of Louisville, in his official capacity only, Defendants. United States District Court, W. At Louisville, June 12, Agreed Order Amending Decision July 19,
It is but one factor among many in revocation, suspension, or renewal proceedings. On the record in this case, therefore, the Court must en enforcement of the fee provisions.
Instead, the Ordinance cites to specific provisions of Kentucky law, many of which proscribe acts that may be classified as either a felony or misdemeanor, depending on the circumstances of the violation. While this may not be everyone's glpucester of entertainment, Plaintiffs' activities unquestionably are entitled to constitutional protection.
Still, under all Sixth Circuit case law this much is clear: the Ordinance is procedurally deficient for the reasons set out in subsection B. To Plaintiffs' contention that the fee difference is arbitrary, the City offered no response.
The municipality bears the burden of presenting evidence that its fee is necessary to defray the cost of administering the regulatory scheme. See id. In practice, the City will not initiate the final step in the approval process until it receives an application that includes all mandatory information.
The City of Louisville has failed to meet this burden. The City may require the submission of this material, but may not release it to the public. Plaintiffs also argue that the entire licensing scheme should be ened because it makes too much personal information readily obtainable by the general public. Plaintiffs have not made such a showing and, therefore, the Court must conclude that the disclosure requirements do not act as an unconstitutional prior restraint.
These studies show a correlation between adult entertainment establishments and crime, particularly sexual offenses, and resemble the study conducted and relied upon by the City of Chattanooga in DLS. To do so, the Court must consider the separate privacy expectations of both entertainers and operators.
One who engages in the cabaret business must apply for a cabaret. The principles governing whether a licensing fee is permissible are well-established.
This appears to be an issue of first impression. Not so minor is the requirement, gllucester in Section IV of this Opinion, that the City completely revise its application process so as to avoid imposing a prior restraint on First Amendment freedoms. These requirements are the same for both adult cabaret and cabaret entertainers.
Indeed, Plaintiffs only conclusorily assert, without the support of any case law, that the denial of a deprives a person of the ability to exercise his or her First Amendment rights, purportedly a penal deprivation for the purposes of double jeopardy analysis.
In Deja Vu, the court applied the O'Brien test to "determine whether the Ordinance's civil disabilities provisions constitute[d] merely an incidental burden on the plaintiffs' First Amendment rights that [was] essential to furthering Metropolitan Nashville's stated interest in battling the secondary effects of the sex industry. In O'Brien, the Supreme Court set out a four-prong test for evaluating such content-neutral regulations: a government regulation is sufficiently justified if it is within the constitutional power of the Government; if it furthers an important or substantial governmental interest; if the governmental interest is unrelated to the suppression of free expression; and if the incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest.
Less obvious is whether any municipality in eljo geographic confines of the Sixth Circuit may craft gloucwster licensing scheme that would pass constitutional muster. Based on the record before it, the DLS panel concluded that "the addition of a buffer zone to the ban on contact was necessary to achieve that goal [of limiting the spread of disease], given the repeated violations of the [preexisting] no-contact rule and testimony to the effect that, without a buffer zone, it was difficult to determine if contact actually occurred or who was responsible.
Nevertheless, read together, DLS and Deja Vu suggest that three factors are relevant when examining a disabilities provision: first, the duration of the disabled period i. In a preamble to its recent amendment of the Ordinance, the City states its intent to control or limit the adverse secondary effects of adult entertainment activity, and cites several studies conducted in other urban centers which link such activity to crime and neighborhood deterioration.
The Supreme Court recently reiterated that it has "long recognized that revocation of a privilege voluntarily granted, such as a debarment, is characteristically free of the punitive criminal element. However, no particular disclosure is ih unreasonable or inappropriate.
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Contrary to the plaintiffs' claims, the Ordinance does not force entertainers to choose between verbal communication and no music; as Metropolitan Nashville suggests, the plaintiffs can simply turn their music down a bit. However, the Ordinance did not specifically regulate glouccester conduct of the entertainers or the manner of their performance. Under our circumstances and record, the Court should respect the City of Louisville's similarly stated interest.
See Renton, U.
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Fortunately, the Court is not working from a blank slate. United States District Court, W. First, the Sixth Circuit made repeated references to the temporary duration of the disabling period. City of Newport, WL 6th Cir. The Supreme Court has said that courts should generally accept the expressed purpose of a legislative body, rather than second-guess it. Deja Vu and DLS prostiturion upheld ordinances that specified crimes of a sexual nature to be disabling offenses.
Plaintiffs argue that to require applicants to provide voluminous and unnecessary information acts as a prior restraint, chilling Plaintiffs' exercise of their First Amendment rights. The Court epko that both Deja Vu and DLS support the Ordinance's five-year proscription for certain offenses, either felony or misdemeanor. The breadth of Plaintiffs' opposition requires the Court to consider the Ordinance in unusual length and detail.
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In Octoberthe City amended the Ordinance to impose restrictions on their conduct. In its post-hearing brief, the City devotes a completely inadequate four sentences to justifying its licensing fees.
They attempt to create an erotic fantasy for their customers.