The Pulaski adult entertainment ordinance prohibits “sexually oriented businesses from conducting business on a state recognized holiday.” (Op. at 1). However, the ordinance does not specify what constitutes a “state recognized holiday.” In the absence of such guidance, Police Chief James B. Morris, Jr., suspended Adultland’s business license for being open on Flag Day, a “state recognized holiday,” in violation of Section 18. Apparently Chief Morris’ irony meter was in the shop for repairs.
Since it was Adultland’s second violation of [the ordinance], its license to operate was revoked for twelve months.” (Op. at 2) The first violation was issued in 2005 because Adultland was open on Columbus Day.
The court found that it was unclear what constitutes a “state recognized holiday.” Under one Pennsylvania law, Flag Day is a “holiday,” however so is Arbor Day, as are all Saturdays after 12:00 noon. Additionally, any day “designated for recognition” by the Pennsylvania legislature or even a day proclaimed by the Governor, could also be considered to be “state recognized holidays.”
Following Grayned v. City of Rockford, 408 U.S. 104, 108-109 (1972), the Commonwealth Court of Pennsylvania wrote, “an enactment that requires men of common intelligence to guess at its meaning violates due process.” (Op. at 9). Since the ordinance contains such a lack of precision, it was rendered unconstitutionally vague.
HT: Quizlaw
