CA11: “the nude dancing and adult entertainment industry is closely regulated” for 4A purposes

“Based on a substantial history of heavy regulation, we conclude that the nude dancing and adult entertainment industry is closely regulated for Fourth Amendment purposes so that no reasonable expectation of privacy could exist for the proprietor. From limitations concerning the hours of operation, to zoning restrictions, to prohibitions on their ability to serve alcohol, to rules governing the very size of the establishments, adult entertainment businesses are routinely — and pervasively — regulated by cities and municipalities.” The club’s reasons against it are rejected. Club Madonna Inc. v. City of Miami Beach, 2022 U.S. App. LEXIS 21160 (11th Cir. Aug. 1, 2022).

“This case involves allegations that Carrie Weisenburger restrained, secluded, and abused her students as a teacher in a special education classroom. The students’ parents sued Weisenburger, along with Aberdeen School District (“ASD”) and a host of its administrative officials, on their children’s behalf under 42 U.S.C. § 1983. The district court denied Weisenburger’s assertion of qualified immunity from claims for infringing the Fourth and Fourteenth Amendment rights of three students, identified as A.A., B.B., and C.C. We affirm in part and reverse in part.” They stated a Fourth Amendment claim but not a Fourteenth Amendment claim. Qualified immunity denied on Fourth Amendment claim. Doe v. Aberdeen Sch. Dist., 2022 U.S. App. LEXIS 21118 (8th Cir. Aug. 1, 2022).

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