In an action brought by the operator of two bookstores that sell non-obscene sexually oriented material and restrict admissions to adults only challenging Tennessee's Adult-Oriented Establishment Registration Act, denial of a preliminary injunction is affirmed where: 1) the district court did not err in determining that plaintiff has not shown a substantial likelihood of succeeding on the merits of the challenge to the "adult bookstore" definition; 2) the district court was correct in finding no substantial likelihood of success on the merits of plaintiff's claim that the Act punishes operators of adult establishments on the basis of strict liability; 3) the district court did not err in finding that plaintiff did not show a substantial likelihood of success on the merits of plaintiff's challenge to the Act's penalty provision; and 4) plaintiff's remaining claims are rejected.
Argued: April 20, 2009
Decided and Filed: November 25, 2009
Opinion by Circuit Judge Boggs
For Appellee: Robert B. Rowling, Assistant County Attorney