Secret Desires Lingerie, Inc. v. City of Atlanta
Georgia Supreme Court
266 Ga. 760, 470 S.E.2d 879 (1996)
- Written by Tanya Munson, JD
Facts
The city of Atlanta (the city) (defendant) enacted an ordinance to regulate lingerie modeling studios. The city enacted the ordinance in order to control the purported undesirable secondary effects associated with lingerie modeling studios. Secret Desires Lingerie, Inc. (Secret Desires) (plaintiff) challenged the constitutionality of the ordinance and sought declaratory and injunctive relief. At trial, the city introduced testimony of three police officers who opined that there was a correlation between lingerie modeling studios and prostitution. The city did not offer evidence that the ordinance was enacted based on the officers’ opinions. The trial court upheld the constitutionality of the ordinance. Secret Desires appealed the judgment, asserting that the city did not rely on relevant evidence of the effects of lingerie modeling studios when it entered the ordinance and, thus, the ordinance cannot pass constitutional muster.
Rule of Law
Issue
Holding and Reasoning (Thompson, J.)
Dissent (Fletcher, J.)
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