context: Since kk Liquormart, the Third, Fourth, Sixth, Seventh, and Eleventh Circuits have concluded that the Court's citation to American Mini Theatres and Barnes requires that alcohol regulations of SOBs be analyzed in light of the First Amendment tests contained therein.
citation_a.signal: see
citation_a.identifier: 316 F.3d 702, 712
citation_a.parenthetical: concluding that prohibitions on the sale of alcohol at adult entertainment establishments must be analyzed in light of American Mini Theatres and Barnes
citation_a.sentence: See Ben’s Bar v. Vill. of Somerset, 316 F.3d 702, 712 (7th Cir.2003) (concluding that prohibitions on the sale of alcohol at adult entertainment establishments must be analyzed in light of American Mini Theatres and Barnes); see also 181 South Inc. v. Fischer, 454 F.3d 228, 233 (3d Cir.2006) (agreeing with the Seventh Circuit that prohibitions on the sale of alcohol at adult entertainment establishments must be analyzed in light of American Mini Theatres and Barnes); Odie v. Decatur County, 421 F.3d 386, 399 (6th Cir.2005) (agreeing with the circuit courts that have interpreted kk Liquor- mart’s “reaffirmation of LaRue’s holding to mean that the LaRue regulations would have survived intermediate scrutiny' — -and ... that they would have had to survive such scrutiny to comport with the First Amendment”); Giovani Carandola Ltd. v. Bason, 303 F.3d 507, 513 n. 2 & 519 (4th Cir.2002) (noting the 44 Liquormart Court’s reliance on First Amendment cases and holding that “the result reached in LaRue remains sound not because a state enjoys any special authority when it burdens speech by restricting the sale of alcohol, but rather because the regulation in LaRue complied with the First Amendment”); Sammy’s of Mobile, Ltd. v. City of Mobile, 140 F.3d 993, 996 (11th Cir.1998) (reaffirming that the Barnes intermediate level of scrutiny, derived from United States v. O’Brien, 391 U.S. 367, 376-77, 88 S.Ct. 1673, 20 L.Ed.2d 672 (1968), applies to adult entertainment liquor regulations).
citation_b.signal: see also
citation_b.identifier: 454 F.3d 228, 233
citation_b.parenthetical: agreeing with the Seventh Circuit that prohibitions on the sale of alcohol at adult entertainment establishments must be analyzed in light of American Mini Theatres and Barnes
citation_b.sentence: See Ben’s Bar v. Vill. of Somerset, 316 F.3d 702, 712 (7th Cir.2003) (concluding that prohibitions on the sale of alcohol at adult entertainment establishments must be analyzed in light of American Mini Theatres and Barnes); see also 181 South Inc. v. Fischer, 454 F.3d 228, 233 (3d Cir.2006) (agreeing with the Seventh Circuit that prohibitions on the sale of alcohol at adult entertainment establishments must be analyzed in light of American Mini Theatres and Barnes); Odie v. Decatur County, 421 F.3d 386, 399 (6th Cir.2005) (agreeing with the circuit courts that have interpreted kk Liquor- mart’s “reaffirmation of LaRue’s holding to mean that the LaRue regulations would have survived intermediate scrutiny' — -and ... that they would have had to survive such scrutiny to comport with the First Amendment”); Giovani Carandola Ltd. v. Bason, 303 F.3d 507, 513 n. 2 & 519 (4th Cir.2002) (noting the 44 Liquormart Court’s reliance on First Amendment cases and holding that “the result reached in LaRue remains sound not because a state enjoys any special authority when it burdens speech by restricting the sale of alcohol, but rather because the regulation in LaRue complied with the First Amendment”); Sammy’s of Mobile, Ltd. v. City of Mobile, 140 F.3d 993, 996 (11th Cir.1998) (reaffirming that the Barnes intermediate level of scrutiny, derived from United States v. O’Brien, 391 U.S. 367, 376-77, 88 S.Ct. 1673, 20 L.Ed.2d 672 (1968), applies to adult entertainment liquor regulations).