FMS Attorneys Prevail on First Amendment Issue

In 2005, the City of Knoxville enacted so-called “adult use” ordinances, essentially aimed to shut down unpopular businesses such as FMS’ client’s adult cabaret.

FMS attorneys immediately filed the suit, claiming the new ordinances ran afoul of free speech rights, as they were aimed at suppressing speech, instead of, as the City claimed, preventing adverse secondary effects resulting from the operation of adult businesses. In 2013, the Circuit Court for Knox County upheld the constitutionality of the ordinances. The Court upheld the ordinances notwithstanding that FMS commissioned one of the most respected criminologists in the State to study such business in the Knoxville area and found no evidence of adverse secondary effect, i.e., no incidences of increased crime or depressed property values in the vicinity of the businesses. The Court of Appeals reversed the Circuit Court, holding that it was error for the lower court not to consider the scientific study showing that the ordinances served no substantial government interest, but instead only imposed upon free speech rights.

Since the Court of Appeals handed down its decision, First Amendment attorneys from throughout the nation have contacted Mr. Seymour and Mr. Grossman to express congratulations and to seek advice on litigating cases to protect free speech rights.

You may view the opinion of the Court of Appeals.

Frantz, McConnell & Seymour, LLP

Frantz, McConnell & Seymour, LLP offers legal services in virtually every area of civil and business law representing clients throughout East Tennessee.

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