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Oasis Goodtime Emporium I Inc. v. City of Doraville

The City of Doraville's regulations related to sexually oriented businesses and alcohol sales did not violate the constitutional rights of the plaintiff, a restaurant featuring nude dance entertainment and alcohol service.

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Oasis Goodtime Emporium I, Inc., d/b/a Oasis, which describes itself as a “restaurant featuring nude dance entertainment and alcohol service,” appeals to this Court to preserve those two pillars of its business – nudity and alcohol. Oasis asserts that when its employees dance nude and serve alcohol, they are clothed with constitutional free speech protection, which the City of Doraville’s Code of Ordinances attempts to strip away. Oasis contends that it should not be subject to the Doraville Code at all because the legislation making its land a part of Doraville is void due to an alleged statutory notice defect, and that various portions of the Code are unconstitutional. We conclude, however, that Oasis is properly subject to Doraville’s Code and that the City’s regulations do not violate the club’s constitutional rights, and we therefore affirm the trial court’s order granting Doraville judgment on the pleadings.

1. Oasis has operated in DeKalb County since about 1990. Beginning in 2001, Oasis operated under a settlement agreement that resolved litigation between DeKalb County and Oasis and several other adult entertainment businesses. The agreement granted Oasis and the other businesses “adult nonconforming status,” meaning that they were “permitted to sell alcoholic beverages subject to all other laws and regulation of alcohol and to provide adult entertainment in the form of nude dancing or live nude performances.”1

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