Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Restriction On Exotic Dance Nightclub's Liquor License Constitutional

By FindLaw Staff on July 16, 2010 | Last updated on March 21, 2019

Plus, a Criminal Matter Involving Sex Offender Registration

Kennedy v. Allera, 08-8513, concerned a challenge to the district court's denial of petitioner's habeas petition and a motion for an injunction to prohibit the Parole Commission from requiring him to register as a sex offender and challenging the constitutionality of SORNA.  In affirming the district court's judgment, the court held that the probation officer acted within his discretion in imposing the registration requirement as SORNA lawfully imposes, as a matter of federal law, registration obligations directly on sex offenders, such as defendant.  The court also held that the petitioner is not relieved of the duty to register by any restriction in Maryland law or by Maryland's failure to implement SORNA, and rejected petitioner's Tenth Amendment challenge.

Imaginary Images, Inc. v. Evans, 09-1199, concerned 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.  In affirming the judgment of the district court, the court held that, 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.  The court further held that the public interest served by the policy is substantial, the restriction on the clubs mild, and the burden on First Amendment values slight.

Related Resources:

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard