DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
182818P.pdf 08/12/2019 Adam and Eve Jonesboro, LLC v. Harold Perrin
U.S. Court of Appeals Case No: 18-2818
U.S. District Court for the Eastern District of Arkansas - Jonesboro
[PUBLISHED] [Kobes, Author, with Gruender and Stras, Circuit Judges]
Civil case - Zoning. In its challenge to city's zoning law on
adult-oriented businesses, plaintiff disavowed any expressive conduct and
cannot state a claim under the First Amendment; the zoning act in question
is not unconstitutionally vague as it is undisputed that a substantial
portion of plaintiff's business involves selling items the statute reaches
and a plaintiff whose conduct is clearly proscribed cannot raise a
successful vagueness claim under the Due Process Clause of the Fifth
Amendment for lack of notice; equal protection claim fails as plaintiff
failed to show the zoning act treated it differently than similarly
situated entities or lacks a rational basis.