Without comment, the Supreme Court has upheld a lower court ruling barring Jacksonville, Fla. from enforcing a special exception law against adult businesses on grounds of unlawful prior restraint.
City officials appealed a May 1999 ruling by the 11th Circuit Court of Appeals which said the law applied unlawful prior restraint against free expression in forcing adult-oriented businesses to obtain special exception permits before opening within 90 feet of each other anywhere in Jacksonville.
A group of lingerie shops which actually featured nude dancing challenged the law, which a trial judge upheld. But the 11th Circuit Court called the law equivalent to licensing, and further ruled city officials could delay any actions on exceptions at will.
