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FRIENDS OF GEORGE’S, INC.,
Plaintiff - Appellee,
v.
STEVEN J. MULROY, in his official and individual
capacities as the District Attorney General of Shelby
County, Tennessee,
Defendant-Appellant,
BLOUNT PRIDE, INC.; MATTHEW LOVEGOOD,
Intervenors. |
No. 23-5611 |
Appeal from the United States District Court for the Western District of Tennessee at Memphis.
No. 2:23-cv-02163—Thomas L. Parker, District Judge.
Argued: February 1, 2024
Decided and Filed: July 18, 2024
Before: SILER, NALBANDIAN, and MATHIS, Circuit Judges.
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OPINION
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NALBANDIAN, Circuit Judge. Tennessee’s Adult Entertainment Act (AEA) makes it
an offense to perform adult cabaret entertainment in public or in the potential presence of minors.
Friends of George’s (FOG), a theater organization that performs drag shows, challenged the
AEA as facially unconstitutional. The district court agreed, declaring the AEA unconstitutional
in its entirety and permanently enjoining District Attorney General Steven Mulroy from
enforcing it anywhere within his jurisdiction (Shelby County, Tennessee). Mulroy now appeals,
challenging both FOG’s Article III standing and the merits of the injunction. FOG did not meet
its burden to show standing, so we REVERSE and REMAND with instructions to DISMISS. |
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