Challenge to Virginia's "Lewd Dancing" Laws, Norfolk 302, LLC v. Vassar (amicus) 

Virginia laws prohibit establishments that hold liquor licenses from allowing “lewd and disorderly” or “noisy” entertainment on the premises.  A bar in Norfolk has challenged those laws in the U.S. District Court in Norfolk.  We filed an amicus brief in support of the bar’s motion for a preliminary injunction, arguing that the laws are unconstitutionally vague and overbroad.  On August 2, 2007, the court granted the preliminary injunction.  The state appealed, and we filed another brief in the Fourth Circuit on January 11, 2008. The state subsequently amended its statute, and has asked the court to dismiss the case as moot. The appeal was dismissed and remanded to the district court, which is now considering the constitutionality of the amended statute. We await a decision, at which time we will determine if amicus in the appellate court will again be appropriate.

Court Documents (click links to view .pdf)
Brief Amicus Curiae- U.S. District Court, Eastern District of Virginia
Brief Amicus Curiae- U.S. Circuit Court of Appeals, Fourth Circuit


Rebecca Glenberg, ACLU of Virginia; Joshua Wheeler, The Thomas Jefferson Center for the Protection of Free Expression

Date filed

June 8, 2007


U.S. District Court, Eastern District of Virginia, Norfolk Division.