DLS, INC., d/b/a Diamonds and Lace Showbar, a Tennessee Corporation; Ann Martin; Kim Tyndall; and Karen Chadwick, Plaintiffs, v. ("DLS"), a Tennessee corporation, operates an "adult cabaret" in Chattanooga, Tennessee, which offers the public live semi-nude dancing by females. It is noteworthy, however, that freedom of expression may not be the primary issue here. it was not enacted for the purpose of limiting speech on the basis of its content." 642 F. Thus, as was done in Broadway Books, this Court will subject the Ordinance to a time, place, and manner analysis as specified in United States v.
CITY OF CHATTANOOGA; City Council of Chattanooga, Tennessee; Mayor Gene Roberts; Chairman Don Eaves; Councilpersons Mai Bell Hurley, David Crockett, David Disteffano, Yuseff Hakeem, John Lively, Leamon Pearce, Marti Rutherford, Ron Swafford; and Chief of Police Ralph Cothran, Defendants. Plaintiff Ann Martin is the sole stockholder of DLS. Tenn.1986), this Court, with some exceptions, upheld the constitutionality of the Ordinance against a challenge presented by an "adult bookstore," which along with "adult cabarets," "adult motion picture theaters," and "adult mini-motion picture theaters" are "adult-oriented establishments" under the terms of the Ordinance. Throughout the trial, the plaintiffs expressed at least as much concern about the ability of DLS and its dancers to make money as it did with their ability to express themselves.
In general, the Ordinance establishes procedures for licensing of certain adult-oriented establishments and a permitting procedure for employees and entertainers at those businesses. Since the Court's Broadway Books decision, the Ordinance has been amended several times, although its general structure remains intact. It has long been held that a municipality's exercise of the police power is not normally limited by contentions that the municipality is interfering with one's freedom to contract, or right to engage in "free enterprise." Schmidinger v.
The Ordinance also regulates certain sexual conduct at these businesses and specifies certain physical structural requirements for them. Although the plaintiffs in this case have asserted in part that their First Amendment rights have been "chilled" because they have not been permitted to engage in totally nude dancing, this case is not about nude dancing. While nude dancing is proscribed by another Chattanooga ordinance, § 25-85 of the CHATTANOOGA CITY CODE, and by the state indecent exposure statute, TENN. § 39-13-511, these pieces of legislation have not been challenged by the plaintiffs in this case.
Hilley was 18, he had already been kicked out of two schools, and this was his last shot at earning a diploma.
Without a driver's license or a car, Hilley said, he wouldn't have been able to attend the adult high school — more than 40 minutes from his home near downtown Chattanooga.
Adult cabaret is defined to mean an establishment which features as a principle [sic] use of its business, entertainers and/or waiters and/or bartenders who expose to public view of the patrons within said establishment, at any time, the bare female breasts below a point immediately on top of the areola, human genitals, pubic region, or buttocks, even if partially covered by opaque material or completely covered by translucent material; including swim suits, lingerie or latex covering. By using latex paste and makeup, dancers make their breasts appear bare.
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