Town of Wayne v. Bishop

The primary issue in the case relates to the Town of Wayne's attempt to prosecute adult bookstore operators for zoning and building occupancy code violations. All told, the circuit court imposed civil forfeitures of over $80,000. The defendants argued that the Town impermissibly restricted their free speech rights when it changed the substantive zoning code to make it impossible for the defendants to get the otherwise necessary zoning and building occupancy permits, thereby effectively banning this type of business from the Town.

The circuit court found that the defendants had no standing to…