In local news, my home city of Lincoln Park, Michigan is being sued by Bradley Shafer, a Lansing attorney who specializes in adult entertainment cases, who is representing Park Theater and a proposed Larry Fltnt Hustler Club. Shafer is quoted as saying, “They have enacted a number of unconstitutional laws. And in regards to the unconstitutional laws, they are indicating that they are going to apply them to us, yet they have never enforced them on anyone else.”
The suit claims that “these plaintiffs are being deprived of their fundamental rights under the First and Fourteenth amendments to engage in speech and expression-related activities within Lincoln Park and in particular upon the Park Theater premises and the Hustler premises…. The public’s right to view and have access to certain entertainment protected by the First and Fourteenth amendments to the United States Constitution is being precluded.” (http://thenewsherald.com/stories/121907/loc_20071219002.shtml).
Now – to address Shafer’s quote about “never enforc[ing] them [the other laws] on anyone else” – that’s because ALL of the other locations were grandfathered in and the law can’t be enforced on them. Sorry Mr. Shafer, but if you spent more time actually in Lincoln Park instead of Lansing, you’d know that.
Second – the right to build wherever you want is NOT protected in the Constitution. There are areas where they are allowed to build, but the area is not big enough for what they want. Zoning laws are zoning laws. You can’t put these types of businesses in the middle of a residential area, just like I couldn’t put a 30-story office building or a butter toffee peanut factory (NutBar brand is awesome – available at Meijer – I highly recommend them – but they are slightly addicting). I’m sorry, but a location was put up for you to build – so take it or leave it.
Now, if I have any Lincoln Park readers: Please go to city council meetings and especially pressure Councilman Michael Myers. He is opposed to Walmart coming in, so let’s make sure he’s opposed to this, since these places will bring in more crime, which is what Mr. Myers was worried about with Walmart. Luckily, we have Valerie Brady back on the Council, and she’s had experience opposing “gentlemen’s” clubs before.
Hopefully Lincoln Park will succeed like Detroit did, but we won’t have as great of lawyers I’m guessing, so let’s just hope that U.S. District Judge Nancy Edmunds doesn’t give in to Shafer’s wanted injunction that would set asid the city’s ordinances.
Tags: Adult Entertainment, Amendment, Attorney, Bradley Shafer, building, City Council, Constitution, Court, Court Case, crime, Detroit, First Amendment, Fourteenth Amendment, Gentlemen's Club, Hustler, Judge, Lansing, Larry Flynt, Larry Flynt Hustler Club, Lawsuit, Lincoln Park, Michael Myers, Michigan, Nancy Edmund, Park Theater, Sex, Unconstitutional, Valerie Brady