County Did Not Violate Due Process in Ordinance Prohibiting Alcohol in Adult Businesses
In an unpublished appellate court ruling, a court ruled in favor of the county in a lawsuit filed by an adult entertainment establishment challenging a county ordinance prohibiting alcohol in adult entertainment establishments. County v. Wilhoit.
Wilhoit operated an adult entertainment establishment in Douglas County which allowed patrons to bring in and consume their own alcoholic beverages. In 2015, the County adopted an ordinance prohibiting the consumption of alcoholic beverages in adult entertainment establishments. After the county filed an ordinance violation action against Wilhoit's business to enforce the ordinance, Wilhoit filed a lawsuit against the county alleging that the ordinance was unconstitutional because the county failed to provide Wilhoit with notice of the meeting at which the ordinance was adopted.
The appellate court first noted that plaintiff did not argue that the County failed to follow the required notice procedures. Instead, plaintiff was arguing that she deserved additional notice because she had a "property interest" in operating her business. The court disagreed, finding that the County did not violate Wilhoit's procedural due process rights because (1) Wilhoit had no protected property interest in having patrons consume alcoholic beverages at her adult entertainment establishment; and (2) Wilhoit was not entitled to any special notice beyond what was provided to the general public.
Post Authored by Julie Tappendorf
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