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Sammy's v. City of Mobile - The Origins Of The Case, Ordinance No. 03-003, Arguments Focused On Freedom Of Expression

appellant appellee majority alabama

Appellant

Sammy's of Mobile, Alabama

Appellee

City of Mobile, Alabama

Appellant's Claim

That a city ordinance prohibiting establishments that featured nude dancing from selling alcohol was unconstitutional.

Chief Lawyer for Appellant

Donald M. Briskman

Chief Lawyer for Appellee

Roderick P. Stout

Judges for the Majority

Stanley F. Birch, James C. Hill (writing for the majority)

Judges Dissenting

Phyllis A. Kravitch

Place

Atlanta, Georgia

Date of Decision

8 May 1998

Decision

The court ruled in favor of the city of Mobile and its ordinance.

Significance

This ruling affirmed the reasoning behind laws that prohibit alcohol from being served at establishments where there is also entertainment of a sexual or explicit nature. The Eleventh Circuit Court in Atlanta, Georgia, found that this particular ordinance was not in violation the First Amendment's clause regarding freedom of speech.

Related Cases

  • United States v. O'Brien, 391 U.S. 367 (1968).
  • California v. LaRue 409, 409 U.S. 109 (1972).
  • Barnes v. Glen Theatres, Inc., 501 U.S. 560 (1991).

Further Readings

Additional Topics

Sammy's v. City of Mobile - The Origins Of The Case

Sammy's v. City of Mobile - Ordinance No. 03-003

Elected legislative leaders of Mobile, Alabama, passed an ordinance enacted in February of 1996. This ordinance prohibited topless as well as nude dancing in any establishment that also possessed a liquor license to sell alcohol for consumption on the premises. The statute declared that the presence of both nude dancing and public consumption of alcohol "encourages undesirable behavior and is not …

Sammy's v. City of Mobile - Arguments Focused On Freedom Of Expression

Attorneys for Sammy's argued that the Mobile ordinance banning topless dancing in places that sold liquor was invalid for a number of reasons. Primarily, it asserted that it was in conflict with the Free Speech Clause of First Amendment, which holds: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or …

Sammy's v. City of Mobile - Past Legal Decisions Cited

Several cases were used as precedent to decide in favor of the city of Mobile and the constitutionality of its ordinance. Firstly, there was the U.S. Supreme Court decision California v. LaRue (1972) that affirmed the right of the state to prohibit the sale of alcohol under certain conditions. The circuit court also used the Barnes-O'Brien test, named after two U.S. Supreme Court decisions, United…

Sandy Murphy and Rick Tabish Trial: 2000 - Sandy Murphy Becomes A Suspect, The Trial Attracts Publicity, Suggestions For Further Reading [next] [back] Rosenberger v. University of Virginia - Significance, Jefferson's University, An Issue Of Speech, The Uniqueness Of Religion Cases

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