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Entm't Prod., Inc. v. Shelby County, Tenn., No. 08-5494

Denial of plaintiffs' motion for a preliminary injunction in their suit against the county challenging the constitutionality of the Tennessee Adult-Oriented Establishment Registration Act is affirmed where: 1) the district court did not err in denying the preliminary injunction on the basis that plaintiffs did not demonstrate a substantial likelihood of success in their challenges to the definitions of "adult cabaret," "adult-oriented establishment," and "adult entertainment"; 2) the district court did not err in holding that a vagueness challenge is not likely to succeed on the merits as a narrowing construction sufficiently clarifies the parts this Act allegedly contaminated by vagueness; 3) plaintiffs' claim that the Act's requirements will result in a drastic reduction in the quantity and accessibility of speech is rejected; and 4) the issue of balancing of equities is moot as the district court correctly determined that plaintiffs have not demonstrated a likelihood of success on the merits. 

Read Entm't Prod., Inc. v. Shelby County, Tenn., No. 08-5494

Appellate Information

Argued: April 20, 2009

Decided and Filed: November 25, 2009


Opinion by Circuit Judge Boggs


For Appellant:   J. Michael Murray, Berkman Gordon Murray & DeVan

For Appellee:  Robert B. Rowling, Assistant County Attorney