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City News and Novelty, Inc. v. Waukesha, Wis.
(U.S. Supreme Court)
Case for prompt judicial review of adult establishments' licensing scheme was dismissed as moot
On 1/17/01, the Supreme Court dismissed as moot its grant of certiorari to address whether a licensing scheme for adult businesses, which triggers First Amendment prior-restraint concerns, must guarantee prompt judicial review (i.e., prompt determination of the plaintiff’s claims), or merely provide for prompt access to judicial review (i.e. the right to promptly file for judicial review). After the grant of certiorari, the petitioner withdrew its license renewal application and failed to express any intent to pursue a license in the future. The dismissal leaves a circuit split on this issue unresolved, a state of affairs that has obvious implications for all businesses concerned with the First Amendment implications of licensing schemes.
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