Cheshire Bridge Holdings, LLC v. City of Atlanta

Court: 11th Circuit
Case Number: No. 18-10477
Decision Date: June 07, 2019
Case Type: Adult Business
The Eleventh Circuit held that the district court's ruling granting the City of Atlanta summary judgment in a federal civil rights complaint against the City of Atlanta dismissing a federal civil rights case for alleged violations of the First AMendment and the city's zoning ordinances for adult oriented businesses was well reasoned but still reversed  and remanded the district court's res judicata and redressability injunctions. Cheshire Bridge Holdings owned and operated an adult toy shop, video store, and swingers club named Tokyo Valentino (Tokyo). In 1996, Tokyo submitted a business license application to the city for operation of an adult store but later that day the city adopted an ordinance establishing distance requirements for operation of adult stores, rendering the operation of the store at that location illegal. As a result, the license was denied. Tokyo revised the application for a store with the dominant activity of adult videos and toys and the application was approved. 

In 2014, Tokyo applied for some renovations so it could use some unoccupied space as a social club but the city withheld approval and issued a violation correction notice that ordered Tokyo to stop operating an adult business at the location. The next year, Tokyo filed this suit claiming that the city zoning code violated its rights to freedom of speech and further sought an injunction against the city. The city moved for summary judgment on all claims and Tokyo moved on the constitutional claims. After the district court granted the city's motion, Tokyo appealed. The Eleventh Circuit agreed with Tokyo that the adult business definition of the city zoning code included sub-definitions which were overly broad. The court held that the overbreadth claim by Tokyo included challenged to adult bookstores and adult theaters.