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Constitutional Law: Zoning-First Amendment-Adult-Business Restriction
Staff Report//August 29, 2019
Where an adult-oriented business challenged the constitutionality of an Arkansas zoning law that prevented it from opening within 1,000 feet of schools and places frequented by children, the business did not engage in speech and so could not state a First Amendment claim, and the zoning law was not unconstitutionally vague and did not violate equal protection, so the judgment upholding the law is affirmed.
Judgment is affirmed.
Adam and Eve Jonesboro LLC v. Perrin (MLW No. 73752/Case No. 18-2818 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Kobes, J.) Appealed from U.S. District Court, Eastern District of Arkansas, Marshall, J. (Lloyd W. Kitchens III, Little Rock, Arkansas, argued for appellant)(Dylan L. Jacobs, Little Rock, Arkansas, argued for intervenor).
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