United States Fourth Circuit

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Imaginary Images, Inc. v. Evans, 09-1199

In a suit by three exotic dance nightclubs, claiming First Amendment, vagueness, and overbreadth challenges to Virginia's alcohol licensing program that permits clubs to serve beer and wine but not mixed beverages, judgment of the district court is affirmed where: 1) under the standard of immediate scrutiny applicable to policies aimed at the harmful secondary effects of sexually oriented entertainment, Virginia's policy passes constitutional muster; and 2) the public interest served by the policy is substantial, the restriction on the clubs mild, and the burden on First Amendment values slight.

Appellate Information

  • Argued 05/13/2010
  • Submitted 07/15/2010
  • Decided 07/15/2010
  • Published 07/15/2010


  • <a href="http://pview.findlaw.com/view/2048860_1">WILKINSON, J.</a>


  • United States Fourth Circuit


  • For Appellant:
  • <a href="http://pview.findlaw.com/view/1520743_1">J. Michael Murray</a>, Mikie F. Melis