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Great Am. Dream Inc. v. DeKalb County

The trial court erred in applying the rational basis test to the nude dancing club's assertion in its petition for an interlocutory injunction that county ordinances requiring businesses selling alcoholic beverages to close one hour after the end of the legal period for selling alcohol and not reopen until 9:00 a.m. violate its free speech rights under the Georgia Constitution.

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Great American Dream, Inc., d/b/a Pin Ups Night Club “Pin Ups” brought this appeal from an order of the trial court denying its petition for an interlocutory injunction. For the reasons that follow, we reverse and remand with direction. Pin Ups is a commercial establishment in DeKalb County that provides to its customers adult entertainment in the form of nude dancers. It holds a restaurant license as well as a license permitting it to sell alcoholic beverages by the drink. Its alcohol services end each day at a time in accord with county ordinances.1 Included in its business practices has been the providing of breakfast food from the time alcohol service ends until 7:00 a.m. daily, when Pin Ups closes; it then reopens at 9:00 a.m.2

On June 22, 2010, the DeKalb County Board of Commissioners “Board” amended its ordinances to provide that one hour after the end of the legal period for selling alcoholic beverages, the business must be cleared of customers, close, and not reopen until 9:00 a.m. “the ordinances”.3 Pin Ups, naming the Board, its members, and DeKalb County as defendants, filed a petition seeking temporary and permanent injunctive relief from the operation of the ordinances, as well as damages,4 attorney fees, and a declaratory judgment. The trial court denied a temporary restraining order. A hearing was held on Pin Ups’s request for an interlocutory injunction and, after “balancing the equities between the parties,” the trial court denied Pin Ups injunctive relief pending trial. See Cherokee Cnty. v. City of Holly Springs , 284 Ga. 298, 300-301 2 667 SE2d 78 2008; Hampton Island Founders v. Liberty Capital , 283 Ga. 289, 293 1 b 658 SE2d 619 2008.

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