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The Trial Court concluded Article XIV met the federal constitutional requirements, noting that the revocation provisions contained within the Chattanooga City Code 11-432 are constitutional under the First Amendment to the United States Constitution based upon the Supreme Court decisions and Sixth Circuit Court.
The portion of the Chattanooga City Code (City Code) regulating adult oriented establishments is Article XIV.
As such, in the present case the City was under no federal constitutional requirement to file a lawsuit to establish the propriety of the City Council's decision to revoke Franklin's license.The next step in the procedure is found at 11-424(c) for licenses and 11-427(c) for permits. A seminal 4 case interpreting the First Amendment is Freedman. The revocation then triggered the appeal procedure contained within the ordinance and effectively prohibited issuance of a new license pending the final outcome of the appeal process.At 228, 110.Ct.Experience Explore, editorial Features, videos, photos. If the licensing scheme as a whole is considered to provide a prompt response to the license request when the city treasurer responds within the required ten day period, it is unlikely that the constitutional soundness of this scheme will fall apart if the.Effective May 13, 2002, and in direct response to the Deja Vu opinion, the Tennessee Legislature again amended the procedure for obtaining a writ of certiorari when First Amendment rights were at issue.
On that date Dossett observed eight males in booths by themselves with their genitals exposed and who were masturbating.
If the license holder or permit holder timely requests such a hearing, a public hearing shall be held within fifteen (15) days of the Clerk's receipt of such request before the City Council at which time the license holder or permit holder may present evidence.
277, 133.Ed.2d 198 (1995).
The procedure for obtaining a permit is essentially the same as the licensing procedure and requires completion of an application.Bogan,.W.3d 721, 727 (Tenn.2001). 11-431(c) and (f). Although defendants correctly state that review of administrative decisions by writ of certiorari is expressly authorized by statute in Tennessee, there is no guarantee of prompt judicial review. However, we also point out that in Fallin. There were three people standing around in the mini-movie common area at that same time. The ordinance also required revocation or suspension of a permit if certain enumerated offenses were committed by the operator or on the business premises.

  The plaintiffs in Broadway Books were the owners of three adult bookstores in Chattanooga.
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