Odle v. Decatur County

Herbert Odle and four dancers at his adult business (collectively "Plaintiffs") appeal the district courts grant of summary judgment in favor of Defendants Decatur County, Tennessee (the "county" or "Decatur County"), the Decatur County Commission (the "Commission"), the Decatur County Adult-Oriented Establishment Board (the "Board") and Intervenor-Defendant the State of Tennessee. Plaintiffs assert that on its face Tennessees Adult-Oriented Establishment Registration Act, Tenn. Code Ann. §§ 7-51-1101 et seq. (the "Act"), amounts to an unconstitutional prior restraint on protected expression. They also assert that a related county ordinance is overbroad and, even if not overbroad, includes substantive regulations that violate the First Amendment. After hearing oral argument, we held the case in abeyance pending the release of the en banc Courts decision in Deja Vu of Cincinnati, L.L.C. v. The Union Township Bd. of Trs., 411 F.3d 777 (6th Cir. June 21, 2005), a decision that bears on Plaintiffs prior restraint claim. We now AFFIRM in part and REVERSE in part.