Honor the Flag AND buy porn!
The Pulaski adult entertainment ordinance prohibits “sexually oriented businesses from conducting business on a state recognized holiday.” (Op. at 1). However, the ordinance does not specify what constitutes a “state recognized holiday.” In the absence of such guidance, Police Chief James B. Morris, Jr., suspended Adultland’s business license for being open on Flag Day, a “state recognized holiday,” in violation of Section 18. Apparently Chief Morris’ irony meter was in the shop for repairs.
Since it was Adultland’s second violation of [the ordinance], its license to operate was revoked for twelve months.” (Op. at 2) The first violation was issued in 2005 because Adultland was open on Columbus Day.
The court found that it was unclear what constitutes a “state recognized holiday.” Under one Pennsylvania law, Flag Day is a “holiday,” however so is Arbor Day, as are all Saturdays after 12:00 noon. Additionally, any day “designated for recognition” by the Pennsylvania legislature or even a day proclaimed by the Governor, could also be considered to be “state recognized holidays.”
Following Grayned v. City of Rockford, 408 U.S. 104, 108-109 (1972), the Commonwealth Court of Pennsylvania wrote, ”an enactment that requires men of common intelligence to guess at its meaning violates due process.” (Op. at 9). Since the ordinance contains such a lack of precision, it was rendered unconstitutionally vague.
HT: Quizlaw
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November 21, 2008 at 5:56 pm |
Appalling. Can you imagine what would happen if you told McDonald’s that they had to close on Flag Day? How is it that a township is able to discriminate based on the kind of products sold?
November 21, 2008 at 6:49 pm |
Would the ordinance be constitional if it weren’t vague about which days were state holidays? Admittedly, I haven’t done much in the way of research on the consitutionality of blue laws, but, its my understanding that many have been ruled unconsitutional already.
November 21, 2008 at 8:00 pm |
Well, it’s only fair, because I’m pretty sure you can’t buy flags on Porn Day.
November 21, 2008 at 9:09 pm |
Would the ordinance be constitional if it weren’t vague about which days were state holidays?
In this circumstance, possibly. The only reason the ordinance was invalidated was this vagueness.
However, an adult entertainment ordinance must also be drafted to address adverse secondary effects of adult businesses — not to simply make it harder to run one of these businesses. I wonder what secondary effects could be caused by a porn shop being open on Columbus Day, Arbor Day, or Christmas Day.
November 22, 2008 at 12:29 am |
Well, crap, that ruins my whole Porn Day shopping plan.
Perhaps a possible adverse secondary effect of selling porn on flag day would be that some of you fine fellas would reach for the flag after flogging, rather than the usual tube sock? Arbor day is tougher to image. :)
November 22, 2008 at 7:17 am |
You are a sick, sick, sick, person. (Which is why I love you)