September 21st, 2018

​US Court of Appeals for the Fifth Circuit Opinions
Doe v. Marine-Lombard

Docket: 17-30292
Opinion Date: September 20, 2018
Judge: Leslie H. Southwick
Areas of Law: Civil Rights, Constitutional Law

Three exotic dancers under the age of 21 filed suit challenging Louisiana's amendment of two statutes (Act No. 395) that required entertainers on premises licensed to serve alcohol and whose breasts or buttocks are exposed to view be 21 years of age or older. The district court concluded that plaintiffs were likely to succeed on the merits of their claims that the Act was unconstitutionally overbroad and vague, and issued a preliminary injunction barring enforcement of the Act. The Fifth Circuit disagreed with the district court’s determination that the statute failed to comply with time, place, and manner standards on expressive conduct under United States v. O'Brien, 391 U.S. 367, 376 (1968), and that the statute was overbroad. However, the court held that the statute was unconstitutionally vague, and the standards for an injunction have been met. In this case, there was a substantial likelihood that plaintiffs would prevail on the merits of their vagueness claim where plaintiffs have shown that the Act had the capacity to chill constitutionally protected conduct, especially conduct protected by the First Amendment. The court held that the Act's vagueness and its resultant capacity to chill protected conduct supported a finding that the remaining injunctive relief requirements were satisfied.

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