Unit 5 Assignment
Citation: Atlantic Beach Casino, Inc. v. Edward T. Marenzoni, 749 F. Supp. 38 (D.R.I. 1990)
Parties: Atlantic Beach Casino, Inc., Plaintiff-Appellant
Edward T. Marenzoni, Defendant-Appelle
Facts: Atlantic Beach Casino contracted to represent 2 Live Crew, and the Westerly Town Council is taking steps to prevent the group from playing at the scheduled concert. The town council wished to review and decide in advance whether the performance will go forward (a prior restraint), and they failed to allege sufficient harm. The Westerly licensing ordinances do not even approach the necessary level of specificity constitutionally mandated, and the plaintiffs have a high likelihood of success.
Prior Proceedings: Plaintiffs moved for a temporary restraining order prohibiting the defendants from holding a show cause hearing on September 24, 1990, concerning revoking the plaintiff’s entertainment license. The plaintiffs’ moved for a preliminary injunction and met the requirements. Defendants failed allege sufficient harm.
Issue: Are the ordinances written by the Westerly Town council constitutional under the First and Fourteenth Amendments?
Holding: No, the ordinances as written are unconstitutional under the First and Fourteenth Amendments.
Reasoning: Under the rule of law presented in Lakewood, 486 U.S. at 770, 108 S.Ct. at 1243-44, the standards must be explicitly set out in the ordinance itself, a judicial construction or a well-established practice.
Disposition: It is ordered that the defendants are enjoined from conducting a show case hearing, revoking the plaintiffs’ license pursuant to these ordinances.
Comments: The court did not address the issue of whether or not Westerly Town Council will be ordered to review their ordinances to ensure they are constitutional. I agree with the ruling of the court because the ordinances are not specific enough to prevent a band from playing.