Caf Erotica Inc. v. Peach County

Since county attorney had no power to vote on county ordinance banning alcohol sales at adult entertainment businesses, his statement that the county intended to eliminate nude dancing did not show the ordinance was not content-neutral.

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At issue in this appeal is the constitutionality of an ordinance passed by Peach County regulating the sale and consumption of alcohol at adult entertainment establishments. Appellant Café Erotica is a business in Peach County that serves alcohol and offers nude dancing for the entertainment of its patrons. This Court ruled in Chambers v. Peach County, 266 Ga. 318 467 SE2d 519 1996 “Chambers I”, that the ordinance was unconstitutional because the County, in enacting the ordinance, failed to rely on evidence reasonably related to the harmful secondary effects of adult entertainment establishments the County wished to regulate and thus violated the First Amendment free speech rights of the establishments.

In response to Chambers I, the Board of Commissioners of Peach County conducted a public hearing regarding the potential negative impact of adult entertainment establishments. The stated purpose of the public hearing was to evaluate the impact of adult entertainment establishments on the interests of the citizens of Peach County in order to determine the necessity of regulating adult entertainment establishments. At the hearing, the Commissioners reviewed studies conducted by other jurisdictions and also heard testimony from local law enforcement officials regarding increased criminal activity near adult entertainment establishments in Peach County. The Commissioners concluded that the sale of alcohol at adult entertainment establishments “has or may have serious adverse effects on the surrounding community, including an increase in certain types of criminal activity and a decrease in property values.” An Ordinance to Prohibit Specified Types of Entertainment, Attire, and Conduct Upon Any Premises Licensed to Sell, Serve, or Dispense Alcoholic Beverages Within the Unincorporated Area of Peach County; To Regulate Specified Types of Employment, Live Entertainment, and Contests; and for Other Purposes, enacted September 10, 1996.

Caf Erotica Inc. v. Peach County

Since county attorney had no power to vote on county ordinance banning alcohol sales at adult entertainment businesses, his statement that the county intended to eliminate nude dancing did not show the ordinance was not content-neutral.

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