X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In December 1999 Oasis Goodtime Emporium I, Inc. and four other nude dancing businesses filed suit to challenge the constitutionality of DeKalb County Ordinance § 4-104, which prohibits sexually explicit entertainment at an establishment that sells alcoholic beverages. Plaintiffs obtained a temporary restraining order prohibiting enforcement of the ordinance, which for these establishments became effective on January 1, 2000.1 The trial court thereafter conducted a hearing on the TRO and on the interlocutory injunction plaintiffs sought pending resolution of their constitutional challenge. The trial court dissolved the TRO and denied the requested injunctive relief after finding that there was no substantial likelihood that plaintiffs would succeed in their challenge to the ordinance. Plaintiffs filed this direct appeal. See OCGA § 5-6-34 a 4 direct appeal from denial of interlocutory injunction. Finding no abuse in the trial court’s discretion in denying the injunctive relief, see Chambers v. Peach County, 268 Ga. 672 1 492 SE2d 191 1997, we affirm.

In the preamble to DeKalb County Ordinance § 4-104, the DeKalb County Board of Commissioners stated that it took note “of the notorious and self-evident conditions attendant to the commercial exploitation of human sexuality, which do not vary greatly among generally comparable communities within our country” and based its observation both upon the experience of other urban counties and municipalities, which the Board found relevant to the problems faced by DeKalb County, and also upon a review of a report from the DeKalb County Police Department summarizing the criminal activity surrounding the nine existing license holders within the County that sold alcohol and provided sexually explicit entertainment. Based on this information, the Board found that public nudity, particularly when related to the sale and consumption of alcoholic beverages, “begets criminal behavior and tends to create undesirable community conditions” such as depressed property values in the surrounding neighborhood, increased expenditure for the allocation of law enforcement personnel to preserve law and order, and an acceleration of community blight by the concentration of such establishments in particular areas. The Board further found that limitation of nude conduct in establishments licensed to sell alcohol for consumption on the premises “is in the public welfare and it is a matter of governmental interest and concern to prevent the occurrence of criminal behavior and undesirable community conditions normally associated with sexually explicit establishments.”

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›

The Forest Preserves of Cook CountyIs seeking applicants forDeputy Chief Attorney The Forest Preserves of Cook County is seeking a detail-o...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›