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Adult oriented business inspection would not be enjoined

By John Wesley Hall, Jr.

An adult sexually oriented business, here a strip club, was not entitled to a preliminary injunction against inspections of the premises because of a lack of likelihood of success on the merits because of multiple district court cases in the circuit against them. Whether it is a "pervasively regulated industry" is discussed but it does not have to be decided. Platinum Sports v. City of Detroit, 2008 U.S. Dist. LEXIS 17181 (E.D. Mich. March 6, 2008): Section 5-2-6 provides that members of the Police Department or any City department authorized by the ACO, "may enter the premises at reasonable times to inspect, subject to constitutional restrictions on unreasonable searches and seizures." Plaintiffs argue that section 5-2-6 gives the City's agents the right to enter and inspect the premises without a warrant and without any limitations on the scope of the inspection or the places where the inspection may be conducted, in violation of the Fourth Amendment...continue to full post

Full post as published by Fourth Amendment on March 08, 2008 (boomark / email).