Eleventh Circuit Court of Appeals Dismisses First Amendment Challenges to Adult-Entertainment Ordinance

This post was authored by Matthew Loescher, Esq.

In 2003, the City of Augusta, Georgia enacted an adult-entertainment ordinance with the stated purpose of combating negative secondary effects associated with adult-oriented businesses. The owners and operators of two longstanding nude-dancing clubs in downtown Augusta, the Discotheque Lounge and Joker’s Lounge, sued the City and others claiming that the ordinance and related regulations violated the First Amendment. The district court granted summary judgment to the City on some claims and held that the plaintiffs lacked standing on other claims, and this appeal followed.

On appeal, Plaintiffs first argued that the 2003

Fed. Dist. Court in NY Allows Intervenor Status to Challenge Wireless Facility

This post was authored by Sebastian Perez, JD

Proposed intervenors sought to challenge AT&T’s application for a wireless facility at St. Peter’s chapel (the “Chapel”) as violative of the Telecommunications Act of 1996 (“TCA”). The judge had previously ordered Plaintiff’s and Defendant’s proposed settlement agreement (“Settlement Agreement”), but the Court granted the Proposed Intervenors’ motion (the “Motion”) finding all of the factors in FRCP 24(a)(2) governing intervention were met: (1) timeliness of the motion; (2) the movant’s interest related to the property or transaction that constituted the subject of the action; (3) absent intervention, the movant’s ability to protect its

Defense attorney in YSL RICO trial asks for more money

Jury selection continues in the YSL RICO case in Fulton County on April 12, 2023. (FOX 5)

Some of the court-appointed defense attorneys in the YSL racketeering and gang trial involving rapper Young Thug and more than a dozen other defendants say they are not getting paid nearly enough.

One of the attorneys has asked the court to withdraw from the Young Slime Life case.

Angela D’Williams says the pay is “egregiously low for the amount of work and attention this trial requires.” She says the state’s public defender council denied her request for a pay increase.

Fed. Dist. Court in ND Says No Preliminary Injunction to Prohibit Fargo from Excluding Adult Toy Store Downtown

This post is authored by Andrew LW Peters originally appeared on the Rocky Mountain Sign Law Blog and is reposted with permission.

The Federal District Court for the District of North Dakota denied a request for a preliminary injunction that would have forced the City of Fargo to allow a “premier adult toy retailer” to open a downtown location.

The case arose out of a zoning dispute between plaintiff “Romantix” and Fargo’s planning department. Romantix is ​​considered itself just another eligible retailer to locate downtown. City officials disagreed, saying that Romantix’s business of selling sexual devices instead made it an

Washington state Senate passes bill banning production, sale, and importing of assault weapons

Lawmakers in Washington state have passed a bill that would prohibit the sale, manufacture and import of assault weapons in the state.

“Both chambers of the Washington State Legislature have now approved a historic ban on the sale of assault weapons in Washington state,” Washington Attorney General Bob Ferguson said in a press releases Saturday shortly after Democrats in the state Senate successfully pushed through HB 1240.

“The Senate today put public safety above the interest of the gun lobby,” Ferguson added. “The devastation of mass shootings extends far beyond the casualties and injuries. Mass shootings traumatize entire communities. We

Seventh Circuit Upholds Sign Code Variance Procedure

This post was authored by Julie Tappendorf and Tyler Smith of Ancel Glink and originally posted in the Municipal Minute and reposted with permission

The Seventh Circuit Court of Appeals recently ruled against a billboard company in its First Amendment challenge to a county’s sign code. GEFT Outdoors, LLC v. Monroe County.

A billboard company sought to install a digital billboard which did not comply with the county’s sign code regulations. The company applied for a variance from the County’s Board of Zoning Appeals (BZOA). After the BZOA denied the variance request, the billboard company sued the county under a

Attorney Geoffrey Fieger suffers a stroke

Prominent Michigan attorney Geoffrey Fieger, 72, had a stroke earlier this month and is now in active rehabilitation, his wife and a business associate said Wednesday.

In a statement, Keenie Fieger said that her husband had an elective procedure March 1 for a minor heart arrhythmia. Following the procedure, it was determined that he had suffered a stroke.

“The recovery time from an event such as this varies from patient to patient, therefore it’s difficult to predict how long Geoffrey’s recovery will take and when he will be back in the office,” Keenie Fieger said in the statement. “For those

Ohio attorney general sues Norfolk Southern over East Palestine train derailment

This photo taken with a drone shows portions of a Norfolk and Southern freight train that derailed Friday night in East Palestine, Ohio are still on fire at mid-day Saturday, Feb.  4, 2023. (AP Photo/Gene J. Puskar)

This photo taken with a drone shows portions of a Norfolk and Southern freight train that derailed Friday night in East Palestine, Ohio are still on fire at mid-day Saturday, Feb. 4, 2023. (AP Photo/Gene J. Puskar)

Ohio is suing the Norfolk Southern Railway after one of its trains derailed in East Palestine with toxic chemicals on board, Attorney General Dave Yost announced Tuesday.

The 58-count lawsuit filed in federal court is the strongest rebuke of Norfolk Southern since a train spilled hazardous materials into the air, water and soil on Feb. 3, rattling the small village of 4,700 along