Legal Opinion · Dissent

IDK, Inc. v. County of Clark

Court of Appeals for the Ninth Circuit

Decided January 8, 1988No. 85-1877Published

1DissentReinhardt, Circuit Judge

I dissent. I would invalidate the Clark County licensing regulation on constitutional grounds.

The regulation makes it unlawful to operate an escort bureau without a license or to work as an escort unless employed by a licensed bureau. Clark County Code (CCC) §§ 8.32.040, 8.32.050 (1985). However, licenses are not issued automatically. Rather, the licensing officials are granted broad discretion to deny, suspend, and revoke licenses. Id. §§ 8.32.080(I-J), 8.32.140. For example, the licensing board can deny an application if the applicant is not a person “of good character, honesty and…

2Cases cited39 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Grayned v. City of RockfordSupreme Court of the United States · 1972
  4. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  5. Kolender v. LawsonSupreme Court of the United States · 1983

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