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Next Week at the Court

September 16, 2011

The Supreme Court of Georgia will hold two days of oral argument next week, hearing nine cases. Only one of those cases is civil within the scope of our coverage, and a brief summary of the issues in that case is below.

Monday, September 19, 2011, 10:00 am Sitting

S11A1375 Great American Dream, Inc., d/b/a/ Pin Ups Nightclub v. DeKalb County et al.

This case is a constitutional challenge to DeKalb County’s alcohol ordinance, which requires locations that sell alcohol to close and remove patrons by an hour after the required time to cease selling alcohol. Pin Ups is restaurant which provides adult entertainment and serves alcohol. After the cessation of alcohol sales at the times specified by the county ordinance, Pin Ups opens a breakfast bar which serves breakfast food items and also offers breathalyzer tests to patrons upon request. The breakfast bar closes at 7:00 am and then the restaurant re-opens at 9:00 am. Pin Ups filed a constitutional challenge to the ordinance, which would prohibit the operation of its breakfast bar and require it to remove patrons by 4:55 am Tuesday through Saturday and 3:55 am on Sunday and Monday.

The trial court heard the preliminary injunction motion and denied it, and Pin Ups appealed.

Pin Ups argues in its principal brief that the ordinance violates the constitution and undermines its purpose by preventing individuals from re-attaining sobriety after the cessation of alcohol sales. The county responded, arguing that Pin Ups was unable to establish critical elements necessary for a preliminary injunction. The county also argues that the constitutional issues were only considered in terms of whether Pin Ups could establish success on the merits, and the order may be affirmed without reaching any constitutional issues.

The case will be heard by the Court on September 19, 2011.

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