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Independence News, v. City of Charlotte

United States Court of Appeals, Fourth Circuit
Jun 3, 2009
568 F.3d 148 (4th Cir. 2009)
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Summary

upholding grant of partial judgment on the pleadings because government had a "sufficient evidentiary basis" to justify speech restriction

Summary of this case from Sharpe v. Winterville Police Dep't
See 12 Summaries

Opinion

Nos. 08-1654, 08-1655.

Argued: March 27, 2009.

Decided: June 3, 2009.

Appeal from the United States District Court for the Western District of North Carolina, Graham C. Mullen, Senior Judge.

Joseph L. Ledford, Charlotte, North Carolina, for Appellants. Robert Erwin Hagemann, Office Of The City Attorney, Charlotte, North Carolina, for Appellee.

Before WILLIAMS, Chief Judge, and SHEDD and AGEE, Circuit Judges.

Affirmed by published opinion. Chief Judge Williams wrote the opinion, in which Judge Agee concurred. Judge Shedd wrote a separate concurring opinion.

OPINION

SHEDD, Circuit Judge, concurring:

I concur in the result reached by the majority because I believe appellants' claims are clearly foreclosed by Ward v. Rock Against Racism, 491 U.S. 781, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989).

Summaries of

Independence News, v. City of Charlotte

United States Court of Appeals, Fourth Circuit
Jun 3, 2009
568 F.3d 148 (4th Cir. 2009)

upholding grant of partial judgment on the pleadings because government had a "sufficient evidentiary basis" to justify speech restriction

Summary of this case from Sharpe v. Winterville Police Dep't

upholding validity of ordinance that limited AOBs to business, "mixed use," and industrial zones and instituted setbacks

Summary of this case from McDoogal's v. Caroline

applying the same standard for motions filed pursuant to Federal Rule of Civil Procedure 12(c) as for motions made pursuant to Rule 12(b)

Summary of this case from Smyth v. Stirling

prohibiting sexually oriented businesses from locating within various distances from various property uses

Summary of this case from Cricket Store 17, LLC v. City of Columbia

applying the same standard to a Rule 12(c) motion as to a Rule 12(b) motion

Summary of this case from Signal Hill Capital Grp. LLC v. CMO Int'l Aps

zoning ordinance designed separate adult establishments from sensitive uses was properly deemed a content-neutral time, place and manner regulation for the purposes of a First Amendment analysis in that it was aimed at addressing the lowered property values, increased crime rates, and neighborhood blight rather than the content of adult uses

Summary of this case from MJJG Restaurant, LLC v. Horry County

prohibiting sexually oriented businesses from locating within various distances from various property uses

Summary of this case from Cricket Store 17, LLC v. City of Columbia

applying the same time, place, and manner legal analysis “regardless of whether challenge is styled as facial or as-applied”

Summary of this case from Ross v. Early

stating that a city “does not have to show that a particular adult establishment generates adverse secondary effects each time it seeks to enforce” such a zoning ordinance

Summary of this case from City of Albuquerque v. Pangaea Cinema LLC

stating that a city "does not have to show that a particular adult establishment generates adverse secondary effects each time it seeks to enforce" such a zoning ordinance

Summary of this case from City of Albuquerque v. Pangaea Cinema LLC

In Independence News the adult businesses challenged the ordinance as of its inception by using postenactment data to refute the legislative reasoning behind the enactment.

Summary of this case from County of Du Page v. Lake Street Spa, Inc.

In Independence News, the adult businesses conceded that the zoning ordinance was constitutional when enacted and that the city reasonably could have passed the ordinance to combat and forestall any secondary effects attributable to adult businesses; but, during the nine years of its enforcement (i.e., during the amortization period), there had been no actual secondary effects (increased crime, decreased property values) attributable to the adult businesses.

Summary of this case from County of Du Page v. Lake Street Spa, Inc.
Case details for

Independence News, v. City of Charlotte

Case Details

Full title:INDEPENDENCE NEWS, INCORPORATED, a North Carolina Corporation; Polo South…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jun 3, 2009

Citations

568 F.3d 148 (4th Cir. 2009)

Citing Cases

Cricket Store 17, LLC v. City of Columbia

However, the analysis for both is the same. See Independence News, Inc. v. City of Charlotte, 568 F.3d 148,…

Cricket Store 17, LLC v. City of Columbia

However, the analysis for both is the same. See Independence News, Inc. v. City of Charlotte, 568 F.3d 148,…

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