Legal Opinion

Curves, LLC v. Spalding County, Ga.

District Court, N.D. Georgia

Decided April 6, 2007No. 1:07-cv-00010Published

1Opinion of the Court

ORDER

JACK T. CAMP, District Judge.

This case comes before this Court on Plaintiffs motion for preliminary injunction [# 2], Plaintiff seeks an order enjoining Defendant Spalding County from enforcing provisions of the Spalding County Code which ban nude dance entertainment at Plaintiffs business establishment. The Spalding County Commission has authority to regulate such entertainment, not a Federal Court. However, it is the duty of this Court to review such ordinances when challenged to ensure they violate no rights of Plaintiff which are protected by the United States Constitution, as…

2Cases cited16 opinions

  1. Elrod v. BurnsSupreme Court of the United States · 1976
  2. United States v. O'BrienSupreme Court of the United States · 1968
  3. FW/PBS, Inc. v. City of DallasSupreme Court of the United States · 1990
  4. Shuttlesworth v. City of BirminghamSupreme Court of the United States · 1969
  5. Virginia v. BlackSupreme Court of the United States · 2003

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