First Amendment Challenge to Assessment Against Adult Establishment Fails

Georgia Association of Club Executives, Inc. v. State, 2024 WL 4633505 (Ga., 2024)

Because the Assessment imposed on “adult entertainment establishments” as defined in OCGA § 15-21-201 (1) (A) satisfies intermediate scrutiny under O’Brien and is not overbroad, GACE’s First Amendment claims fail. We therefore affirm the trial court’s order denying summary judgment to GACE and granting summary judgment to Defendants.

David Cook
Practicing law for 20 years, David focuses on construction & procurement law, rural utility cooperative law, and Georgia local government law.

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