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Sexually oriented business inspection process subjected to as applied analysis to save it; it permitted potentially unconstitutinal inspections

By John Wesley Hall, Jr.

A city ordinance that permitted inspection of sexually oriented businesses was construed as applied to save it because it had a provision that even non-public areas were subject to inspection at any time. The ordinance had not be applied yet in a manner that would make it unconstitutional as applied, but it was subject to abuse, and the court recognized that the owner could lawfully refuse inspection of non-public areas of the premises, should that occur. Wal Juice Bar v. City of Oak Grove, 2008 U.S. Dist. LEXIS 29698 (W.D. Ky. April 10, 2008).* Officers had information from a CI that defendant had an absonding "high risk" parolee staying with him. They went there to arrest him. Regardless of whether they had probable cause to believe that the parolee would actually be there, they saw him lying on the couch when defendant opened his door, and they entered when defendant tried to shut the door...continue to full post

Full post as published by Fourth Amendment on April 13, 2008 (boomark / email).