600 Marshall Entm’t Concepts, LLC v. City of Memphis

The Memphis nightclub is located in a zoning district where adult entertainment has been prohibited since 1993. Although already allowed to present most forms of adult entertainment under a grandfather clause, the club desires to present adult entertainment in the form of compensated nude dancers and claims that an ordinance requiring a permit to present nude dancers is unconstitutional as an improper prior restraint and as vague. The club claims that a city official’s actions violated its procedural due process rights. Following a remand, the district court rejected its suit under 42 U.S.C. 1983. The Sixth Circuit affirmed, holding that the club had forfeited its prior restraint argument, had not established vagueness, and had not established that it was deprived of a protected property or liberty interest when its dance permit was revoked and not reissued. View "600 Marshall Entm't Concepts, LLC v. City of Memphis" on Justia Law