Plus, a Criminal Matter Involving Sex Offender Registration
Kennedy v. Allera, 08-8513, concerned a challenge to the district court's denial of petitioner's habeas petition and a motion for an injunction to prohibit the Parole Commission from requiring him to register as a sex offender and challenging the constitutionality of SORNA. In affirming the district court's judgment, the court held that the probation officer acted within his discretion in imposing the registration requirement as SORNA lawfully imposes, as a matter of federal law, registration obligations directly on sex offenders, such as defendant. The court also held that the petitioner is not relieved of the duty to register by any restriction in Maryland law or by Maryland's failure to implement SORNA, and rejected petitioner's Tenth Amendment challenge.
Imaginary Images, Inc. v. Evans, 09-1199, concerned a suit by three exotic dance nightclubs, claiming First Amendment, vagueness, and overbreadth challenges to Virginia's alcohol licensing program that permits clubs to serve beer and wine but not mixed beverages. In affirming the judgment of the district court, the court held that, under the standard of immediate scrutiny applicable to policies aimed at the harmful secondary effects of sexually oriented entertainment, Virginia's policy passes constitutional muster. The court further held that the public interest served by the policy is substantial, the restriction on the clubs mild, and the burden on First Amendment values slight.