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.
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