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5th Circuit: Addresses Whether Preambles and Legislative History are Obligatory and Whether Judicial Opinions Alone Can Support Regulation of Sexually Oriented Businesses

By Alliance Defense Fund

The Fifth Circuit has issued a unanimous panel decision in Illusions-Dallas Private Club, Inc. v. Steen, No. 05-10962 (5th Cir. March 15, 2007) addressing whether a Preamble and legislative record are constitutionally required to justify government regulation of adverse secondary effects from sexually oriented businesses. The court concluded that they are not so long as a content-neutral predominant purposes can otherwise be ascertained.  The court also addressed whether legislative bodies and...(read more)

Full post as published by Constitutionally Correct on March 15, 2007 (boomark / email).