Stardust, 3007 LLC v. City of Brookhaven, No. 16-17176 (11th Cir. 2018)Annotate this Case
The Eleventh Circuit affirmed the district court's grant of summary judgment to the City of Brookhaven, holding that its ordinance regulating adult businesses was not unconstitutional. The city passed the ordinance for the stated purpose of preventing the negative secondary effects of such businesses. As a preliminary matter, the court held that res judicata did not preclude Stardust from litigating its claims in this appeal. On the merits, the court held that the ordinance did not impermissibly restrict Stardust's constitutionally protected speech; the ordinance was not unconstitutionally vague in violation of due process; the City's enforcement of the ordinance did not violate Stardust's equal protection rights; and the ordinance did not impermissibly infringe on individuals' substantive due process right to intimate sexual activity.