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.

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