J.L. Spoons, Inc. v. Ohio Department of Public Safety

HELENE N. WHITE, Circuit Judge.

This First Amendment case is before us for a second time. Plaintiffs-Appellants, three Ohio strip clubs and a strip-club association (Plaintiffs), challenge the district court’s determination on remand that our prior decision in this case precludes Plaintiffs’ as-applied challenge to certain provisions of Ohio Liquor Control Commission Rule 52, Ohio Admin. Code 4301:1-1-52 §§ (A)(2), (B)(2), and (B)(3) (Rule 52 or the regulation), that proscribe nudity and sexual activity at liquor-licensed establishments. They also appeal the district court’s denial of their…