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SEE REVIEWS. SEE OUR STORY. Spectacular Sunsets. County of Santa Cruz, F. We are satisfied that the County has met its burden under Renton.
The narrow tailoring requirement is satisfied so long as the government's asserted interest "would be achieved less effectively absent the regulation.
Rock Against Racism, U. Finally, the ordinance must "leave open ample alternative channels for communication. As with the statute at issue in Fair Public Policy, F.
It therefore leaves open ample alternative channels for communication. The hours of operation restriction is therefore valid under the First Amendment.
Dream Palace next challenges the requirement that managers must wear an identification card during work hours.
Pursuant to section 12 of the ordinance, managers are provided with a "work identification card," which contains a photograph, a permit number, and the date of expiration of the permit.
Section 13 i in turn provides that a manager "shall wear his or her identification" at all times during work hours. The card must be affixed to the front of the manager's clothing, so that the picture and permit numbers are clearly visible.
At oral argument, Dream Palace conceded that its primary concern with respect to this requirement was the possibility that an unsatisfied customer, armed with a manager's permit number from the manager's identification card, may proceed to the county offices and make a request pursuant to Arizona's Public Records Act for the manager's home address and telephone number.
It further conceded that should we grant relief with respect to the disclosure requirements, it no longer objects to section 13 i 's identification requirement.
Since we are instructing the district court to enter an injunction prohibiting public disclosure of that information pursuant to such a request, see supra section V.
B, the basis for Dream Palace's challenge vanishes. Hence, we conclude that this portion of Dream Palace's challenge is moot.
Dream Palace also challenges the requirement that managers obtain work permits in the first place, claiming there is no evidence in the legislative record to support the county's position that licensing managers aids in its efforts to combat secondary effects, and that therefore the requirement is invalid under Renton.
Like any other restraint upon nude dancing, the manager permit requirement can be imposed only if it is a reasonable time, place, and manner restriction.
Baugh, F. The legislative record in this case indicates that adult businesses are associated with a variety of secondary effects, such as the presence of organized crime and money laundering, which directly involve employees in management positions.
It is reasonable for the county to suppose that it can combat these negative secondary effects by the permit process, which screens out potential managers with a criminal history.
The other secondary effects associated with adult clubs — sex and drug offenses, health risks, and the like — can all be controlled to some extent by management-level employees.
The record therefore contains ample evidence to support the requirement that a manager first obtain a license. The county has met its burden of demonstrating a connection between the burden it imposes on speech and a substantial government interest.
Dream Palace's challenge to the ban on "specific sexual activity" presents a much more difficult question. The prohibition has to be understood in the context of several other provisions in the ordinance, starting with the proposition that the ordinance regulates "adult oriented businesses.
Each of these terms is in turn defined under the ordinance. An "adult live entertainment establishment," of which Dream Palace is one, is an establishment that features "persons who appear in a state of nudity" or "live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.
Each of the business definitions incorporates the term "specific sexual activity. Section 13 e , the challenged provision, provides that an "adult service provider, in the course of providing an adult service, may not perform a specific sexual activity.
Nude, nudity or a "state of nudity" means "[t]he appearance of a human anus, or female breast below a point immediately above the top of the areola" or "[a] state of undress which fails to opaquely cover a human anus, genitals or female breast below a point immediately above the top of the areola.
Seminude means "a state of dress in which clothing covers no more than the genitals, pubic region and female breast below a point immediately above the top of the areola, as well as portions of the body that are covered by supporting straps or devices.
In prohibiting dancers from engaging in "simulated sex acts," whatever they may be, the county appears to have proscribed the particular movements and gestures that a dancer may make during the course of a performance.
One is left to speculate as to what movements, precisely, a dancer may incorporate in a performance without running afoul of section 13 e , and yet still effectively convey an essentially adult, erotic, message to the audience.
The prohibition applies even if the dancer is at least partially clothed. If Elvis' gyrating hips can fairly be understood to constitute a "simulated sex act," one can fully appreciate the potential scope of the restrictions placed on erotic dancers in Maricopa County.
The problem lies in the circularity of the ordinance's logic: Section 13 e forbids certain expressive activity — simulated sex acts — only within adult-oriented businesses but not elsewhere.
But the ordinance defines adult-oriented businesses as those that feature performances "characterized by the exposure of specific anatomical areas or specified sexual activities.
To wit, Dream Palace is an adult entertainment business because it features nude and semi-nude dancers engaging in "specific sexual activity," and as a result, it is prohibited from featuring nude or semi-nude "specific sexual activity.
This is a total ban on nude and semi-nude dancing in everything but name, and indeed the county concedes as much, arguing that it is empowered to effect such a ban on the specific movements a dancer may, or more precisely may not, make, pursuant to its general police power.
It relies on California v. LaRue, U. Rhode Island, U. In LaRue, the Supreme Court upheld a facial challenge to California regulations enacted in response to live sex shows and sexual contact between nude performers and patrons in establishments licensed to sell liquor.
The record in that case was "a sordid one," and consisted of testimony regarding customers engaging in oral copulation with dancers, public masturbation, and numerous other contacts between male customers and female performers.
The Court concluded that the regulation was permissible because of the "critical fact It has merely proscribed such performances in establishments it licenses to sell liquor by the drink.
The Court stated that the Twenty-First Amendment required an "added presumption in favor of the validity of state regulation in this area.
The Court later disowned its reliance on the Twenty-first Amendment in 44 Liquormart, U. LaRue and 44 Liquormart do not support the county's proposition.
LaRue rested squarely on the "critical fact" that California had not enacted an "across the board" ban, but rather prohibited such performances in establishments it licenses to sell alcohol.
That is not the case here; the Maricopa County ban on "specified sexual activities" is sweeping in its scope, and is not limited to establishments holding a liquor license.
More important, the record before the legislature in LaRue spoke more to a "gross sexuality than of communication," U.
The ordinance, however, strictly prohibits any contact between patrons and performers. Further, the stage on which performances take place must be elevated, patrons must stay at least three feet away from performers, and are separated from them by a barrier or a railing, over which neither a patron nor a performer may extend "any part of his or her body.
All performances must take place within a manager's sight line, id. The county has taken reasonable steps to guard against the kind of "gross sexual conduct" or "bacchanalian revelries" that were the target of the regulation in LaRue.
After the ordinance takes those steps, however, it goes further, and restricts the particular movements and gestures a dancer may or may not make during the course of a performance.
The Court's citations to Young and Barnes immediately after the passage on which the county relies, both cases that apply First Amendment scrutiny to ordinances regulating adult entertainment businesses, make this amply clear.
Whatever the scope of the county's asserted police power, it "must be exercised within constitutional limits. East Cleveland, U. The county's fallback argument is that section 13 e is valid under Renton.
While the county is on firmer ground here, we remain unconvinced of the soundness of its position. Renton and its progeny do not give carte blanche to the government to proscribe absolutely certain types of adult entertainment.
Rather, Renton effects a common-sense balance between the government's undoubted interest in curbing the effects such businesses have on surrounding communities on the one hand, and the enjoyment of, and practice in, protected expression on the other.
Its rationale is that content-discriminatory time, place, and manner regulations receive intermediate scrutiny only when the government avoids a total ban on protected expression, and when its predominant interest, supported by an evidentiary record, is in the amelioration of secondary effects.
The county's bid for intermediate scrutiny fails to clear the first hurdle, because section 13 e effects a total ban on a particular kind of erotic expression at all times and in every part of the county.
The argument that section 13 e is really just a plain old time, place and manner restriction because it prohibits only certain expressive activity in certain types of establishments but not elsewhere does not work because, for reasons explained earlier, the only way an establishment fits within the ordinance in the first place is if it engages in that which the ordinance prohibits.
The prohibition Maricopa County has put in place is quite different from any of the regulations the Supreme Court has considered in the Renton line.
The Renton ordinance itself was a classic content-discriminatory time, place, and manner regulation. While it targeted adult entertainment on the basis of its content, the ordinance did "not ban adult theaters altogether.
Instead, it imposed restrictions on where such establishments could operate in order to protect residential neighborhoods.
Consequently, it was subject to intermediate instead of strict scrutiny. The same is true of the Young ordinance, which imposed geographic zoning restrictions on adult entertainment.
So long as an establishment complied with the regulation, it was free to provide adult entertainment "essentially unrestrained. The Court specifically noted in that case that "[t]he situation would be quite different if the ordinance had the effect of suppressing, or greatly restricting access to, lawful speech.
Borough of Mount Ephraim, U. Other cases in the Renton line have drawn intermediate scrutiny because, even though they incidentally burdened expression, they were facially content-neutral laws of general applicability.
In Barnes, the Court dealt with a state statute prohibiting nudity in public places "across the board" in a facially content-neutral manner.
The statute on its face was "not at all inherently related to expression," id. The city ordinance in Erie was also a content-neutral proscription of public nudity.
By its terms, the ordinance regulates conduct alone. It does not target nudity that contains an erotic message; rather, it bans all public nudity, regardless of whether that nudity is accompanied by expressive activity.
The prohibition at issue in this case is of a different order. It is not a content-discriminatory time, place and manner regulation, so it is not like the ordinances at issue in Renton and Young.
Nor is it a facially-neutral law of general applicability, so it is not like the ordinances in Barnes and Erie. Section 13 e "does not The Seventh Circuit considered the same prohibition on "specific sexual activity" in Schultz, F.
By restricting the particular movements and gestures of the erotic dancer The dominant theme of nude dance is an emotional one; it is one of eroticism and sensuality.
It interdicts the two key tools of expression in this context that imbue erotic dance with its sexual and erotic character — sexually explicit dance movements and nudity The Seventh Circuit further explained that the government could not hide behind Renton because "a secondary-effects rationale by itself does not bestow upon the government free license to suppress specific content of a specific message We are inclined to agree with the Seventh Circuit.
Maricopa County cannot avoid the constitutional prohibition on proscribing non-obscene speech "by regulating nude dancing with such stringent restrictions that the dance no longer conveys eroticism nor resembles adult entertainment.
Section 13 e , in preventing erotic dancers from practicing a protected form of expression, does precisely that.
We therefore apply strict scrutiny to section 13 e. To survive strict scrutiny, the provision must be tailored to "serve a compelling state interest and is narrowly drawn to achieve that end.
New York Crime Victims Bd. Section 13 e is not necessary to serve Maricopa County's unquestioned significant interest in ameliorating secondary effects.
The county can, and does, utilize a variety of less restrictive and more direct means to fight those effects. Nor has the county explained how the restriction will in fact further its interest in curbing secondary effects.
Therefore, we must conclude that section 13 e is an unconstitutional burden on the enjoyment of protected expression.
Our decision today does not necessarily imply that none of the activities listed in section 13 e may be proscribed, consistent with the Constitution, through a well-crafted ordinance.
Brownell, F. Section 13 e is far too broad, however, and restricts in sweeping terms the ability of erotic dancers to convey their intended erotic message.
In defining establishments by reference to that which it prohibits, it amounts to an absolute ban on such activity in Maricopa County.
For these reasons, section 13 e is unconstitutional. In addition to the various First Amendment challenges to Ordinance P, Dream Palace sought invalidation of certain of its provisions on state law grounds.
Specifically, Dream Palace sought summary judgment with respect to certain operating restrictions on the basis that state law has preempted county law; it also sought invalidation of certain penalty provisions as ultra vires.
The district court declined to reach these issues, and dismissed the claims, explaining that "the remaining state-law claims raise delicate issues involving the interpretation and application of Arizona law and the balance of powers within Arizona between state and local government.
See Bryant v. Adventist Health Sys. While the district court had the discretion to reach and to decide these state law issues, we cannot say that its refusal to do so constituted an abuse of discretion.
See 28 U. Finally, because we have declared Ordinance P constitutionally invalid for some purposes but not for others, we must determine whether the valid portions can be severed from the invalid ones.
Fund I v. Town of Surprise, Ariz. Under Arizona law, the test for severability requires ascertaining legislative intent.
Prentiss, Ariz. The Arizona Supreme Court has held that where "the valid parts of a statute are effective and enforceable standing alone and independent of those portions declared unconstitutional," a court should not disturb the valid part "if the valid and invalid portions are not so intimately connected as to raise the presumption the legislature would not have enacted one without the other, and the invalid portion was not the inducement of the act.
Equitable Life Assurance Soc'y, Ariz. Ordinance P contains a robust severability clause: "Each section and each provision or requirement of any section of this ordinance shall be deemed severable and the invalidity of any portion of this ordinance shall not affect the validity or enforceability of any other portion.
Given that the county board has clearly expressed its intent with respect to severability, we think the invalid portions of the ordinance are easily severable.
We hold unconstitutional the prohibition on specified sexual activity, and have instructed the district court to enjoin the disclosure to the public of information provided by permit applicants.
The vast majority of the provisions in the ordinance, including the licensing scheme, and multiple operating restrictions, withstand scrutiny.
The invalid portions are, therefore, severable from the remainder, and the remaining valid portions may remain in force. AFFIRMED in part, REVERSED in part, and REMANDED with instructions.
Each party shall bear its own costs. Adult-oriented business means "adult arcades, adult bookstores or adult video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, [and] massage establishments that offer adult service or nude model studios.
Each of these terms are in turn defined under the ordinance. The day period the district court refers to is to be found in section 24, which states that pre-existing businesses "shall be in full compliance with this ordinance, including receipt of any required license or permit, within one hundred eighty days after the effective date" of the ordinance.
Section 5 provides that "a person or enterprise may not conduct an adult oriented business without first obtaining an adult oriented business license These two requirements were first set forth by the Supreme Court in Freedman v.
Maryland, U. Freedman also held that the government bore the burden of going to court in order to justify the licensing scheme. The parties have filed supplemental briefs on the effect of City of Littleton.
Dream Palace, in its brief, acknowledges that its original argument relying on Baby Tam I is now without merit. This presumption applies to facial challenges to licensing ordinances City of Littleton, S.
License applicants may still bring an as-applied challenge to argue that a state is failing to provide adequate judicial review.
If, for example, as we suggest below, an ordinary lawsuit or declaratory action would lie to contest a license denial, then a Superior Court might have discretion to dismiss a special action on that ground — but then by hypothesis the plaintiff would have constitutionally adequate judicial review through one of those procedural routes.
The fact that a denied applicant can seek review other than through a discretionary writ distinguishes this case from Deja Vu of Nashville, Inc.
In Deja Vu, the Sixth Circuit held that a licensing ordinance that required an applicant to seek judicial review, if at all, via a discretionary writ unconstitutionally failed to guarantee a final judicial adjudication on the merits.
Special action review also extends to the questions 1 "[w]hether the defendant has failed to exercise discretion which he has a duty to exercise"; 2 "[w]hether the defendant has proceeded or is threatening to proceed without or in excess of jurisdiction or legal authority"; and 3 "[w]hether a determination was arbitrary and capricious or an abuse of discretion.
An adult-oriented business manager is "a person on the premises of an adult oriented business who is authorized to exercise overall operational control of the business.
An adult service provider is "any person who provides an adult service. An adult service is "dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening or other performances or activities conducted for any consideration in an adult oriented business by a person who is nude or seminude during all or part of the time that the person is providing the service.
We note that several other courts have struck down remarkably similar provisions to the one at issue in Kev and at issue in this case. See, e. Wichita County, F.
City of Cumberland, F. See DiMa Corp. Town of Hallie, F. Lingerie, Inc. City of Jacksonville, F. Nichols, F. Town of Dedham, 43 F.
Comm'n on Adult Enter. City of Biloxi, F. In Fair Public Policy, we rejected the contention that Justice Kennedy's separate concurrence in Alameda Books signaled a departure from the traditional Renton analysis.
Nor is the proposition that a new and different approach is required in the wake of his concurrence consistent with the weight of authority in the wake of that decision.
Village of Somerset, F. Gifts D-4, LLC v. City of Littleton, F. City of Spokane, F. Dream Palace argues that section 13 f is overly-broad because it prohibits the provision of "sexually related activities" prior to noon on Sundays, but we rejected this argument in Fair Public Policy.
This argument "confuses the requirement that a regulation serve a substantial government interest with the requirement that it be narrowly tailored to that end.
Lingerie, F. The sort of line-drawing Dream Palace urges us to engage in "is inconsistent with a narrow tailoring requirement that only prohibits regulations that are substantially broader than necessary.
So the first 15 minutes of my "hour" in "VIP" was trying to understand what kind of sh! Then I realized I was just screwed and we haven't started yet.
She was only naked 6 feet away for the last minutes. I'm not saying don't go, I'm merely saying bring your wallet! The girls were hot, but they should be working at a nicer place.
I will never go back! I can do the same thing at Christies, and save a couple hundred for a real strip club in Vegas! Rubes M. May 05, 1 Dream Palace.
The other two reviews were accurate, for the most part. However, Bob's comment is pretty stupid if I ever heard one.
Come on, that is what each and every topless bar sets out to do. What did you think, the girls are gonna come sit and hang out with you all night, maybe give you a free dance.?.
Get serious Bob, these ladies are working and if your not paying, they're not gonna be interested in you for your looks.
Thats like saying "Well yeah I spent bucks tonight but this gilr was really interested in ME" Geez can't understand why she wouldnt give me her phone.
Girls were so-so, beers were cold, dances were expensive October 17, 2 Dream Palace. I went for my bachelorette party, and the girls didn't ask us for one dance, paid no attention to us, and that was on top of the fifteen dollars we had to pay to get in!
This is merely another high pressure rip off joint. The girls only goals are to extract as much money from you in as short a time as possible and to do as little for you as they can get away with.
It doesn't matter how big a tip you give. The service will always remain minimum. Avoid it. Bob S. December 19, 1 Dream Palace. The ladies they have are ok, just been there once in my 18th birthday.
There are better places elsewhere, just like in the west of tempe. The girls usually wanna give you a lapdance which is highly priced. Ivan Z.
October 26, 3 Dream Palace. Login Or Sign Up. Write Review Add Photo Claim Business Email Business. About Dream Palace Categories Adult Entertainment Strip Clubs Nightclubs.
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Jan January 28, 5 Dream Palace DREAM PALACE IS HOT. January 25, 4 Dream Palace Birthday. City of Littleton , S. The Littleton ordinance provided that the city's final licensing decision could be "appealed to the [state] district court pursuant to Colorado rules of civil procedure.
The Supreme Court held that by providing for judicial review through the ordinary process of Colorado state courts, the ordinance "offer [ed] adequate assurance, not only that access to the courts can be promptly obtained, but also that a judicial decision will be promptly forthcoming.
Rather, the Court held, the regular judicial process of the Colorado state courts was sufficient "as long as the courts remain sensitive to the need to prevent First Amendment harms and administer those procedures accordingly.
In effect, the Court in City of Littleton established a presumption that state courts function quickly enough, and with enough solicitude for the First Amendment rights of license applicants, to avoid the unconstitutional suppression of speech that arises from undue delay in judicial review.
First, state courts have tools at their disposal to expedite proceedings when necessary. Second, there is no reason to doubt that state judges are willing to use those procedures when necessary to keep justice delayed from becoming justice denied; moreover, if some state court should fail in its duties, "federal remedies would provide an additional safety valve.
Third, the potential harm to First Amendment values is attenuated when the licensing decision depends on reasonably objective criteria, both because the use of objective criteria is "unlikely in practice to suppress totally the presence" of a certain form of protected expression, and because the use of objective criteria typically lends itself to "simple, hence expeditious" judicial review.
Fourth and finally, local governments often lack the legal authority to impose deadlines on state courts; thus, it is reasonable for them to depend on state-law procedural safeguards against undue delay.
City of Littleton's presumption that regular state-court review is adequate applies equally to this facial challenge to Ordinance P Each of the rationales for that presumption set out by the Court in City of Littleton applies here.
First, the Arizona courts have procedural tools available should it be necessary to expedite the review of a license denial. If a show cause procedure is used, the court shall set a speedy return date.
Superior Court , Ariz. The ordinance ensures an applicant maximum judicial flexibility by requiring the county to "consent to expedited hearing and disposition" in state court.
Second, there is no reason to doubt — and Dream Palace has not disputed — that Arizona courts will be solicitous of the First Amendment rights of license applicants.
Moreover, as the Supreme Court noted, federal remedies under 42 U. Third, as in City of Littleton , the licensing decision under Ordinance P depends on a set of reasonably objective factors.
Section 10 d provides that the director of the county planning department "shall grant the license" unless any of several conditions is met, and these conditions for example, that the applicant is not underage and has complied with applicable zoning ordinances are reasonably objective.
State courts should therefore have little difficulty in ensuring that county officials do not wrongfully deny license applications that meet the ordinance's requirements.
Fourth, Maricopa County has no legal authority to impose deadlines on Arizona state courts. This fact, of course, would not ameliorate an otherwise unconstitutional prior restraint.
When the First Amendment requires certain safeguards before a system of prior restraint may be enforced, a local government cannot evade that requirement by pointing to its lack of legal authority to ensure such safeguards exist.
Nevertheless, nothing prevents a county from relying on state law procedures to ensure that First Amendment interests are adequately protected.
Graff v. City of Chicago , 9 F. As long as those state procedures are themselves constitutionally adequate, the county will have satisfied the First Amendment's requirements.
In short, the ordinance in this case is similar in every relevant aspect to the ordinance upheld by the Supreme Court in City of Littleton.
Moreover, Arizona's rules of procedure "provide for a flexible system of review in which judges can reach a decision promptly in the ordinary case, while using their judicial power to prevent significant harm to First Amendment interests where circumstances require," City of Littleton , S.
Such rules of procedure satisfy the First Amendment. In its supplemental briefing, Dream Palace advances two additional arguments for its claim that the ordinance does not provide constitutionally sufficient judicial review.
First, it argues that under the "special action" procedure authorized by the ordinance, any review is purely at the court's discretion and hence not sufficiently guaranteed.
Second, it argues that review in an Arizona special action is under an abuse-of-discretion standard, and that only de novo review is constitutionally adequate.
Dream Palace did not raise these arguments before the district court. Ordinarily, we decline to consider arguments raised for the first time on appeal.
Janes v. Wal-Mart Stores, Inc. Patrin , F. This rule serves to ensure that legal arguments are considered with the benefit of a fully developed factual record, offers appellate courts the benefit of the district court's prior analysis, and prevents parties from sandbagging their opponents with new arguments on appeal.
We have, however, laid out several narrow exceptions to the rule — among them, the case in which "the issue is purely one of law, does not affect or rely upon the factual record developed by the parties, and will not prejudice the party against whom it is raised.
That exception applies here. Dream Palace's new arguments are based entirely in law and do not rely on the factual record. Maricopa County will not be prejudiced by Dream Palace's failure to advance the arguments below; it has had, and has taken advantage of, a full opportunity to brief its response to the new arguments.
Even when a case falls into one of the exceptions to the rule against considering new arguments on appeal, we must still decide whether the particular circumstances of the case overcome our presumption against hearing new arguments.
In this case, a decision of this Court bearing directly on the issue of judicial review of adult-business licensing decisions — Baby Tam I — was displaced by a Supreme Court decision after the proceedings in the district court were complete.
Thus, Dream Palace made its decision to rely below on Baby Tam I within a very different legal landscape from the one that now obtains.
For that reason, we exercise our discretion to consider the new arguments advanced by Dream Palace.
Thus, it contends, there is no guarantee that a court will hear the merits of a denied license applicant's claim. We must therefore determine whether Arizona law so provides.
Ordinance P provides that a final denial of a license application may be appealed to the Superior Court the state trial court "by special action or other available procedure.
See S. Thus, if there is any procedural route by which an applicant may obtain full review on the merits, we must reject Dream Palace's argument. The parties vigorously dispute whether the "special action" proceeding is constitutionally sufficient.
The special action is a proceeding under Arizona law, created by rule in , that takes the place of the old common law writs of certiorari, mandamus, and prohibition.
A special action may be instituted in Superior Court or in the appellate courts, see Ariz. When a plaintiff seeks special action review in the Superior Court, "the judge must first exercise his discretion and decide whether to consider the case on its merits.
Thorneycroft , Ariz. Were this discretion unbounded, the special action would, of course, provide no guarantee of judicial review on the merits.
If, on the other hand, the judge's "discretion" does not include the ability to dismiss a petition where it is the only route by which the petitioner can bring a constitutional challenge, then the mere use of the term "discretion" will not prevent the review from being constitutionally sufficient.
Arizona law in this area is not entirely pellucid. The Arizona Supreme Court has noted that " [t]he decision to accept jurisdiction of a special action petition is highly discretionary with the court in which the petition is filed.
This statement seems, on its face, to suggest that a court could dismiss a petition for reasons unrelated to the constitutional merits of the claim, leaving a petitioner without remedy.
The Court of Appeals' decision in Bilagody , however, suggests that a Superior Court would be abusing its discretion — and hence subject to reversal — if it were the only available venue for, and yet refused to hear, a claim that a license denial violated the First Amendment.
In Bilagody , the Arizona Court of Appeals considered a Superior Court judge's decision to decline jurisdiction over a special action in which the plaintiff challenged, on due process grounds, the state's suspension of his driver's license.
The court affirmed the dismissal "on the basis that the appellant had available an adequate remedy by appeal," Ariz. Were we to conclude, however, that the due process issue could not subsequently be raised, it would be necessary to reconsider the scope of the trial court's discretion to refuse to decide the issue in a special action.
As Justice Holmes once observed in another context: " I t is plain that a State cannot escape its constitutional obligations by the simple device of denying jurisdiction in such cases to Courts otherwise competent.
Supreme Lodge of the World, Order of Moose , U. The court's language here strongly suggests that it is not within the Superior Court's discretion to refuse to consider the merits of that claim unless some other avenue is open for the petitioner's challenge.
Arguing otherwise, Dream Palace points us to language in State ex rel. Dean v. City Court of City of Tucson , Ariz. We have no reason to think, however, that the Arizona courts would find any "reason" to be "valid" that would deny a license applicant the review on the merits that the Constitution requires.
Dean itself did not deal with a constitutional claim; it merely upheld a Superior Court's decision not to review the City of Tucson's challenge to a municipal court's erroneous acquittal of a woman charged with a traffic violation, because double jeopardy principles would bar any further proceedings against her even if the City's claim were successful.
At most, then, Dean held that denial of review in a special action proceeding is appropriate where a holding for the plaintiff would have no real effect.
Thus, our reading of Arizona law inclines us to the view that the Superior Court does not have the kind of "discretion" over special action review that would render the process constitutionally insufficient.
In any event, we need not delve deeper into the vagaries of Arizona civil procedure law, because the special action is not the only procedure available to contest a license denial.
Ordinance P authorizes appeal from a denial not only by special action, but also by any "other available procedure.
It would also include a suit under Arizona's declaratory judgment statute, A. Dream Palace argues that this language authorizes a declaratory action only to determine the constitutionality or meaning of an ordinance, not to contest the denial of a license application.
But the statute permits a plaintiff to "obtain a declaration of rights" under an ordinance, and Ordinance P gives a qualified applicant the right to a license.
We see no reason why a declaratory action would not lie under these circumstances. Because these procedural routes — a suit for an injunction and a declaratory action — are open to an applicant whose license is denied, we need not conclusively resolve the parties' debate over the sufficiency of the special action proceeding.
Dream Palace also argues that review in an Arizona special action is inadequate because it is under a deferential abuse-of-discretion standard.
We disagree with that characterization of Arizona law. A court in a special action considers not only whether the defendant has abused his discretion, but also " [w]hether the defendant has failed Rules of Procedure for Special Actions 3 a.
Ordinance P imposes a duty on the county planning director to issue a license unless certain disqualifying conditions obtain; it gives the director no discretion to deny a qualified application.
A reviewing court will thus have no reason to defer to the director's decision. Dream Palace, however, argues that a special action court will defer to the county's determination of whether the facts establish a disqualifying condition.
Again, we do not think this contention accurately reflects Arizona law. It is true that the Arizona Court of Appeals has held, in a case not involving the First Amendment, that a court hearing a special action challenge to an administrative decision "may not weigh the evidence on which the decision was based.
Dep't of Public Safety v. Dowd , Ariz. Phoenix Newspapers, Inc. Consumers Union of the United States, Inc. We have no reason to think that Arizona courts will not assiduously carry out their duty to ensure that meaningful judicial review is not evaded through biased factfinding.
Finally, as discussed above, a special action is not the only judicial procedure available to a denied license applicant, who may also obtain review through a suit for an injunction or declaratory relief.
Neither of those procedures calls for any heightened deference on the part of the state court. In light of City of Littleton , and having rejected both of Dream Palace's new arguments for its unconstitutionality, we are satisfied that Ordinance P provides the opportunity for both access to judicial review and a prompt judicial decision, as the First Amendment requires.
Of course, if some undiscovered quirk of state procedure were to prevent an applicant from receiving meaningful judicial review, a challenge to the ordinance as applied would lie in federal court.
See City of Littleton , S. Dream Palace also contests the adequacy of the procedural safeguards in the ordinance to sustain the validity of the prior restraints involved in the manager and dancer work permit requirements.
Application for said permits "shall be made in the same manner as application for an adult business license The upshot is that all of the procedural safeguards with respect to the issuance of business licenses — the requirement of a speedy decision, and the provisions for administrative appeals and judicial review — apply equally to applications for work permits.
Permit applicants are provided with an additional safeguard: upon receipt of a properly filed application, the county is required to issue a temporary permit to the applicant, see id.
See id. For the reasons we previously stated, we reject this argument. See supra section III. Second, Dream Palace argues that requiring managers and dancers to exhaust their administrative remedies prior to seeking judicial review constitutes a prior restraint.
We reiterate that the critical issues with respect to the applicant's First Amendment rights are "a specified and reasonable period during which the status quo is maintained," and the "possibility of prompt judicial review.
Requiring administrative exhaustion implicates neither of these two constitutional prerequisites. The ordinance guarantees a "specified and reasonable time" within which an administrative decision must be made, and the applicant, temporary permit in hand, may continue to work pending the outcome of administrative and judicial review.
In Convoy , we held that " [o]nce administrative remedies have been exhausted , a party whose license has been suspended or revoked may seek judicial review.
We make explicit now what was implicit in our decision in Convoy: requiring applicants to exhaust administrative remedies prior to seeking judicial review does not violate the First Amendment, so long as an administrative decision is rendered within a specified, reasonable time, "during which time the status quo is maintained.
Finally, Dream Palace's argument that placing the burden of seeking judicial review on managers and dancers constitutes a prior restraint is foreclosed by our decision in Baby Tam III.
See infra n. In Baby Tam III , we held that "placing the burden of instituting proceedings on the state does not apply to licensing schemes such as the one challenged here.
Dream Palace's next challenge is to the disclosure requirements with respect to manager and employee work permit applications.
Section 6 of the ordinance specifies the process applicants must follow in applying for a work permit, pursuant to which permit applicants are required to submit information regarding their full true names, including "aliases or stage names" previously used, as well their current residential address and telephone numbers.
Section 9 in turn provides that any information a permit applicant submits to the county "shall be maintained in confidence Second, and in the alternative, it asks for injunctive relief against disclosure of said information to the public.
We take each step in turn. Kitsap County , F. In Kev , we considered a challenge to a city ordinance requiring nude dancers applying for a work permit to provide to the city their name, phone number, birth date, and aliases, past and present.
We found that requiring disclosure of such information would not "discourage None of the information required by the County unreasonably diminishes the inclination to seek a license.
Because the required disclosure did not "inhibit [ ] the ability or the inclination to engage in the protected expression," it was a valid licensing requirement.
The required disclosures under the ordinance at issue in this case, and the city ordinance at issue in Kev , are indistinguishable, and Kev therefore controls.
Dream Palace urges in the alternative that, even if we find the required disclosures to the County valid, we should grant injunctive relief to prevent the county from disclosing that information to the public.
The requirements for the issuance of a permanent injunction are 1 the likelihood of substantial and immediate irreparable injury; and 2 the inadequacy of remedies at law.
Investments, Inc. Wilson , F. The district court's refusal to grant a permanent injunction is reviewed for an abuse of discretion.
The potential First Amendment problem here arises from the interplay between county and state law. While Section 9 of the ordinance provides that "information provided by an applicant in connection with the applicant for a license or permit under this ordinance shall be maintained in confidence by the Director," that confidentiality protection is "subject The county does not dispute that applicant information provided to the county is a "public record" within the meaning of this provision, and that those records are "presumed open to the public for inspection as public records.
Pima County , Ariz. The public right of inspection may be overcome in the interest of "confidentiality, privacy, or the best interests of the state.
The State, however, "has the burden of overcoming the legal presumption favoring disclosure. KPNX Broadcasting Co.
Collins , Ariz. The potentially dangerous consequences that the interplay of these rules poses to permit applicants is obvious.
Should an erotic dancer, say, wish to apply for a work permit, as required by the ordinance, he or she must provide information regarding true name, including aliases or other names used in the past five years, as well as current home address and telephone number.
Under Arizona law, that information is presumptively available to anybody who pleases to ask for it, and the county, though it may refuse to provide such information to the public, has the burden in subsequent proceedings of overcoming the statutory presumption in favor of disclosure.
The "confidentiality" provision included in the ordinance is essentially a nullity, because that provision is made "subject The exception therefore swallows the rule.
The Sixth Circuit confronted a similar problem in Deja Vu of Nashville, Inc. The Metropolitan Gov. The Nashville ordinance at issue in that case required permit applicants to divulge certain personal information about themselves, including their current and former residential addresses.
That information was presumptively available to the public pursuant to the Tennessee Open Records Act. The court found there was "significant evidence that the requirement that applicants submit their names and past and current addresses to a public forum poses serious risks to their personal security.
The court concluded that "permit applicants' names and current and past residential addresses constitute [s] protected private information" and therefore it was "exempted from Tennessee's Open Records Act.
Enterprises, Inc. City of Houston , F. The court held that state law already rendered the information confidential and unavailable to the public; thus, it reasoned, requiring applicants to supply the information did not infringe their First Amendment rights.
The Fifth Circuit panel therefore reversed the Texas district court's injunction. It did not disagree that where there is no guarantee of confidentiality, "concerns about public disclosure City of Houston , 27 F.
As the district court in N. Enterprises reasoned:. Adult entertainers may anonymously or through stage names put their bodies on display in front of strangers, but these actions do not imply a willingness to publicize the entertainers' personal information through which customers or other private persons may trace the entertainers to their homes or otherwise invade their privacy without permission.
The fact that an entertainer is willing to dance publicly or a manager is willing to be employed in a sexually oriented business that deals with the public, or the fact that a determined harasser or stalker might conceivably follow an entertainer home after she leaves work, does not mean that adult entertainers and managers have voluntarily sacrificed all privacy rights and need for safety protections.
In Clark , we ourselves recognized the potential danger from public disclosure of information provided to the government in the course of applying for a work permit posed for nude dancers, albeit in the course of deciding whether or not an owner-operator of a nude dancing club had overbreadth standing to raise the rights of his managers and employees.
See Clark , F. We recognized in that case the possibility "that cabaret patrons could obtain such personal information and harass the entertainers at their homes, or worse.I will never go back! The hostess came over, to go over some of the rules with us. October 26, 3 Dream Palace Okay Poker Positions. Yes 8. They work very hard to earn every dollar. The newly renovated Dream Palace in Glendale is the perfect Banquet Hall for a variety of events, such as weddings, Bar Mitzvahs, Quinceañeras, corporate events, and more. Our mission is to provide the highest grade of visual presentation by entertaining your guests with our state of the art LED lighting system. Best Club in Phoenix – So, last night my friends and I decided to stop by the Dream Palace Cabaret. It's located on Scottsdale Rd just north of the freeway I'm not sure if it's in Tempe or Scottsdale, but regardless it's right on the border of both. We had a great time!. Find 37 listings related to Dream Palace in Downtown Phoenix on carhire-mallorca-spain.com See reviews, photos, directions, phone numbers and more for Dream Palace locations in Downtown Phoenix, Phoenix, AZ. Dream Palace is a nightclub that offers a variety of adult entertainment services. The club serves clients throughout Arizona. It features fully nude stage shows, one-on-one private room entertainment and topless table dances. The club additionally offers shuttle services and employs a staff of women. Specialties: Over 50 dancers working 4 stages 16 vip rooms.