Showtime Ent., LLC v. Town of Mendon, No. 12-2121 (1st Cir. 2014)
Annotate this CaseThe Town of Mendon, Massachusetts set forth zoning restrictions regulating the size and height allowances for buildings operating adult-entertainment businesses, limiting the operating hours of such businesses, and banning the sale or consumption of alcohol on their premises. The stated purposes for these bylaws were to control the secondary effects uniquely related to adult entertainment. Showtime Entertainment, LLC filed suit, claiming (1) the restrictions on its operating hours and size and height of its building were unconstitutional restrictions of expressive activity protected by the First Amendment; and (2) the alcohol restrictions violated the Massachusetts Declaration of Rights. The district court entered summary judgment in favor of Mendon, concluding that the restrictions were sufficiently tailored towards controlling the secondary effects of speech. The First Circuit (1) reversed the summary judgment in favor of Mendon as it related to the bylaws regarding the size, height, and operating hours of Showtime’s business, holding that the bylaws unconstitutionally infringed on Showtime’s right to engage in a protected expressive activity; and (2) certified to the Massachusetts Supreme Judicial Court questions related to Mendon’s restriction on adult entertainment occurring within establishments licensed to serve alcohol.
The court issued a subsequent related opinion or order on October 10, 2014.
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