United States Sixth Circuit

In an action brought by the operator of two bookstores that sell non-obscene sexually oriented material and restrict admissions to adults only challenging Tennessee's Adult-Oriented Establishment Registration Act, denial of a preliminary injunction is affirmed where: 1) the district court did not err in determining that plaintiff has not shown a substantial likelihood of succeeding on the merits of the challenge to the "adult bookstore" definition; 2) the district court was correct in finding no substantial likelihood of success on the merits of plaintiff's claim that the Act punishes operators of adult establishments on the basis of strict liability; 3) the district court did not err in finding that plaintiff did not show a substantial likelihood of success on the merits of plaintiff's challenge to the Act's penalty provision; and 4) plaintiff's remaining claims are rejected.

Appellate Information

• Decided 11/25/2009
• Published 11/25/2009

Judges

• Before:  BOGGS, MOORE, and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Frierson M. Graves, Jr., Baker, Donelson, Bearman, Caldwell & Berkowitz, Memphis, Tennessee, for Appellant.  Robert B. Rolwing, Assistant County Attorney, Shelby County Government, Memphis, Tennessee, Steven A. Hart, Office of The Tennessee Attorney General, Nashville, Tennessee, for Appellees.   ON BRIEF:  Michael F. Pleasants, Sr., Pleasants Law Firm, Memphis, Tennessee, for Appellant.  Robert B. Rolwing, Assistant County Attorney, Shelby County Government, Memphis, Tennessee, Steven A. Hart, Office Of The Tennessee Attorney General, Nashville, Tennessee, Thomas Roane Waring III, City Attorney's Office, Memphis, Tennessee, for Appellees.