Peterson, et al. v. City of Florence, No. 12-3017 (8th Cir. 2013)
Annotate this CasePlaintiffs filed suit against the city alleging that the city's zoning scheme violated the First and Fourteenth Amendments. The court concluded that the zoning ordinances at issue were content-neutral, time, place and manner regulations subject to intermediate scrutiny; the zoning scheme was narrowly tailored to serve a substantial government interest; and there were reasonable alternative avenues in which plaintiffs could operate an adult entertainment business despite the zoning ordinances. Accordingly, the zoning ordinances did not violate plaintiffs' constitutional rights and the court affirmed the judgment of the district court.
Court Description: Civil case - Zoning. District court did not err in finding the City's zoning scheme was a valid content-neutral, time, place and manner regulation; the zoning scheme was narrowly tailored to serve a substantial government interest and plaintiff had reasonable alternative avenues in which he could operate an adult entertainment business despite the zoning ordinances.
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