FRIENDS OF GEORGE'S, INC. v. MULROY

No. 23-5611.

108 F.4th 431 (2024)

FRIENDS OF GEORGE'S, INC., Plaintiff-Appellee, v. Steven J. MULROY, in his official and individual capacities as the District Attorney General of Shelby County, Tennessee, Defendant-Appellant, Blount Pride, Inc.; Matthew Lovegood, Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 18, 2024.


Attorney(s) appearing for the Case

ARGUED: J. Matthew Rice, OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellant. Melissa J. Stewart, Brice M. Timmons, DONATI LAW, PLLC, Memphis, Tennessee, for Appellee. ON BRIEF: J. Matthew Rice, James R. Newsom III, Robert W. Wilson, OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellant. Melissa J. Stewart, Brice M. Timmons, Craig A. Edington, DONATI LAW, PLLC, Memphis, Tennessee, for Appellee. Daniel A. Horwitz, HORWITZ LAW, PLLC, Nashville, Tennessee, for Intervenors. Thomas T. Hydrick, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, Gene P. Hamilton, AMERICA FIRST LEGAL FOUNDATION, Jonathan F. Mitchell, MITCHELL LAW PLLC, Austin, Texas, Christina A. Jump, CONSTITUTIONAL LAW CENTER FOR MUSLIMS IN AMERICA, Richardson, Texas, Bruce E.H. Johnson, DAVIS WRIGHT TREMAINE LLP, Seattle, Washington, for Amici Curiae.

NALBANDIAN, J., delivered the opinion of the court in which SILER, J., joined. MATHIS, J. (pp. 441-58), delivered a separate dissenting opinion.


OPINION

Tennessee's Adult Entertainment Act (AEA) makes it an offense to perform adult cabaret entertainment in public or in the potential presence of minors. Friends of George's (FOG), a theater organization that performs drag shows, challenged the AEA as facially unconstitutional. The district court agreed...

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