The court on Monday rejected a writ of certiorari filed by the plaintiffs in February to review a decision made by a three-judge panel of the United States 11th Circuit Court of Appeals declining a request from these businesses asking that the case be heard by a full panel of judges. The case began in when adult entertainment clubs, Flashers and Mardi Gras, and Inserection, an adult bookstore, challenged newly implemented codes that banned the sale of alcohol in strip clubs and placed zoning restrictions on where these business could operate. Those restrictions also regulated patron conduct, imposed restrictions on performances and regulated the display of adult materials. For more news like this, find your local Patch here.
Adult clubs’ case advances against Georgia’s child sex trafficking tax
Judge advances adult clubs' suit against Georgia tax
Residents in one Northwest Georgia county are circulating a petition to button up what they fear will be a strip club across the street from a church and preschool. She insists the dancers will be doing only dances such as the flamenco and maybe pole dancing, but not stripping. Earlier this summer, remodeling began on a building along state Highway 5 between Blue Ridge and McCaysville. In a phone interview, Grindstaff said she has been afraid something like that might move in ever since the county decided to allow alcohol at restaurants about three years ago.
Judge Constance Russell told lawyers for the state and the club owners that they had a month to decide how they wanted to proceed after ruling that the lawsuit can move forward. Russell gave them the choice of going to trial or letting her decide the question. Lawyers for the Georgia Association of Club Executives, a consortium of Georgia strip clubs, argue that the tax on their businesses is unconstitutional because it targets free speech — in this case, the nudity exhibited by adult entertainers. Russell approved a request from the state to remove Attorney General Chris Carr as a defendant in the case, but she said the suit could continue against state Department of Revenue Commissioner Lynn Riley, whose office collects the tax. Attorneys for the clubs argue that no one under age 18 is allowed to work at an adult entertainment business and no one under age 21 is allowed to attend a club.
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