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EAST BROOKS BOOKS, INC. v. SHELBY COUNTY, TENN.

No. 08-5958.

588 F.3d 360 (2009)

EAST BROOKS BOOKS, INC., Plaintiff-Appellant, v. SHELBY COUNTY, TENN., et al., Defendants-Appellees, Robert E. Cooper, Jr., State of Tennessee Attorney General, Intervenor Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 25, 2009.

Attorney(s) appearing for the Case

ARGUED: Frierson M. Graves, Jr., Baker, Donelson, Bearman, Caldwell & Berkowitz, Memphis, Tennessee, for Appellant. Robert B. Rolwing, Assistant County Attorney, Shelby County Government, Memphis, Tennessee, Steven A. Hart, Office of The Tennessee Attorney General, Nashville, Tennessee, for Appellees. ON BRIEF: Michael F. Pleasants, Sr., Pleasants Law Firm, Memphis, Tennessee, for Appellant. Robert B. Rolwing, Assistant County Attorney, Shelby County Government, Memphis, Tennessee, Steven A. Hart, Office Of The Tennessee Attorney General, Nashville, Tennessee, Thomas Roane Waring III, City Attorney's Office, Memphis, Tennessee, for Appellees.

BOGGS, J., delivered the opinion of the court, in which SUTTON, J., joined. MOORE, J. (p. 371-72), delivered a separate opinion concurring only in the judgment.

OPINION

BOGGS, Circuit Judge.

This is the second of two related actions challenging Tennessee's Adult-Oriented Establishment Registration Act of 1998, Tenn.Code Ann. § 7-51-1101 et seq., (the "Act" or "Tennessee Act"), a county-option law adopted by Shelby County, Tenn. Plaintiff-Appellant East Brooks Books, Inc. ("Plaintiff") operates two bookstores that sell non-obscene sexually oriented material and restrict admission to adults only. On February...

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