The City Council approved these measures after an evidentiary hearing, and council members had an opportunity to review studies of the secondary effects of adult businesses in other cities as well as transcripts of testimony from numerous Georgia officials. Artistic Entertainment, Inc., and Stephen Dewberry brought suit in state court against the City of Warner Robins and numerous officials in which they challenged the ordinances' constitutionality. Defendants removed the case to case to federal court, which enjoined the implementation of the adult business measures. Defendants appealed, and this court vacated the district court order, holding that it did not give adequate weight to the evidentiary basis offered by Warner Robins in support of its ordinances. The district court granted Defendants' motion for summary judgment and denied Plaintiffs' motion for reconsideration.
Plaintiffs now appeal.
We will consider these first two arguments together. Third, Plaintiffs contend that the adult business ordinance is unconstitutionally vague. Finally, Plaintiffs claim that the adult business ordinance's licensing provisions are an unconstitutional prior restraint on expression. A. Establishing and Applying the Proper Standard of Review Regulations that restrict protected expression based on its content are subject to strict scrutiny. On the other hand, regulations that target undesirable secondary effects of protected expression are deemed content-neutral, and courts review them with an intermediate level of scrutiny known as the O'Brien test.