United States Fifth Circuit

In a dispute over the constitutionality of ordinances regulating sexually oriented businesses, a permanent injunction in favor of an off-site adult store is reversed and remanded for further proceedings where defendant-city produced evidence that it could have reasonably believed was relevant, and thus could have properly relied upon in tailoring the ordinances. Therefore, the ordinances are narrowly tailored to advance a substantial governmental interest, protecting against harmful secondary effects.

Appellate Information

• Decided 02/22/2007
• Published 02/23/2007

Judges

• BENAVIDES, Circuit Judge:, Before SMITH, BENAVIDES and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Wayne K. Olson (argued), April Marie Virnig, Taylor, Olson, Adkins, Sralla & Elam, Fort Worth, TX, for City of Kennedale., H. Louise Sirkin, Jennifer Marie Kinsley (argued), Sirkin, Pinales, Mezibov & Schwartz, Cincinnati, OH, Samuel Gary Polozola, Law Office of Gary Polozola, Fort Worth, TX, for Reliable Consultants, Inc.