Artistic Ent., Inc. v. City of Warner Robins, 223 F.3d 1306 (11th Cir. 2000). · Go Syfert
Artistic Ent., Inc. v. City of Warner Robins, 223 F.3d 1306 (11th Cir. 2000). Cases Citing This Book View Copy Cite
“courts are hesitant to inquire into legislators' motives, however, and we will 'not strike down an otherwise constitutional statute on the basis of an alleged legislative illicit motive.”
61 citation events (61 in the last 25 years) across 13 distinct courts.
Strongest positive: Cornell Restaurant Ventures, LLC v. The City of Oakland Park (ca11, 2017-03-08)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 30 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Cornell Restaurant Ventures, LLC v. The City of Oakland Park
11th Cir. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
courts are hesitant to inquire into legislators' motives, however, and we will 'not strike down an otherwise constitutional statute on the basis of an alleged legislative illicit motive.
discussed Cited as authority (verbatim quote) Ranch House, Inc. v. Amerson
11th Cir. · 2001 · signal: see · quote attribution · 1 verbatim quote · confidence high
regulations that restrict protected expression based on its content are subject to strict scrutiny
discussed Cited as authority (quoted) Wacko's Too, Inc. v. City of Jacksonville
11th Cir. · 2025 · signal: accord · quote attribution · 1 verbatim quote · confidence high
limiting the ordi- nance's reach to those venues reasonably perceived to pose a risk of creating such side ef- fects does not turn the ordinance into a content-based re- striction.
discussed Cited as authority (rule) McHugh, III v. St. Tammany Parish
E.D. La. · 2024 · confidence medium
Relying on Eleventh Circuit precedent applying United States v. O’Brien, 391 U.S. 367, 383 (1968), the Hubbard panel observed that “when a statute is facially constitutional, a plaintiff cannot bring a free-speech challenge by claiming that the lawmakers who passed it acted with a constitutionally impermissible purpose.” Id. at 1312–12 (first citing Artistic Entm’t, Inc. v. City of Warner Robins, 223 F.3d 1306, 1309 (11th Cir. 2000); and then citing Int’l Food & Beverage Sys. v. City of Fort Lauderdale, 794 F.2d 1520, 1525 (11th Cir. 1986)).
discussed Cited as authority (rule) Frank v. Fine
M.D. Fla. · 2024 · confidence medium
As such, the Eleventh Circuit has held “many times” that “when a statute is facially constitutional, a plaintiff cannot bring a free-speech challenge by claiming that the lawmakers who passed it acted with a constitutionally impermissible purpose.” Hubbard, 803 F.3d at 1312 (collecting cases and citing Artistic Ent., Inc. v. City of Warner Robins, 223 F.3d 1306, 1309 (11th Cir. 2000) (stating that, in a free-speech challenge to a city ordinance, courts “will ‘not strike down an otherwise constitutional statute on the basis of an alleged legislative illicit motive.’”); see also …
discussed Cited as authority (rule) FLANIGAN'S ENTERPRISES, INC. v. Fulton County, Ga.
11th Cir. · 2010 · confidence medium
This is the case because the goal of such regulation is not the curtailment of protected expression: “regulations targeting undesirable secondary effects of adult entertainment establishments that serve alcoholic beverages are unrelated to the suppression of the erotic message conveyed by nude dancing.” Id. at 984 (citing Artistic Entm’t, Inc. v. City of Warner Robins, 223 F.3d 1306, 1309 (11th Cir.2000)).
discussed Cited as authority (rule) Curves, LLC v. Spalding County, Ga.
N.D. Ga. · 2007 · confidence medium
The Alcohol Code Although Plaintiff argued at the hearing that strict scrutiny should apply, the Eleventh Circuit “specifically has held that a prohibition on the sale of alcohol at adult entertainment venues, much like the ordinances at issue in this case, was content-neutral and subject to the O’Brien test.” Artistic Entm’t, Inc. v. City of Warner Robins, 223 F.3d 1306, 1309 (11th Cir.2000).
discussed Cited as authority (rule) Giovani Carandola, Ltd. v. Fox
M.D.N.C. · 2005 · confidence medium
While the Defendants are able to rely on studies conducted by other governments, see Artistic Entm’t, Inc. v. City of Warner Robins, 223 F.3d 1306, 1309 (11th Cir.2000), evidence that localized studies showed opposite findings gains additional credence when the reliability of out of state studies is questioned.
discussed Cited as authority (rule) ATM Exp., Inc. v. City of Montgomery, Alabama
M.D. Ala. · 2005 · confidence medium
Gov’t of Nashville, 274 F.3d 377 , 398-99 (6th Cir.2001) (ordinance specifically regulating sexually oriented businesses); Artistic Entm’t, Inc. v. City of Warner Robins, 223 F.3d 1306, 1310-11 (11th Cir.2000) (ordinance and regulation applying specifically to adult entertain *1328 ment businesses); Frandsen, 212 F.3d 1231 (permitting requirement for "public expressions of views”); Boss Capital, Inc. v. City of Casselberry, 187 F.3d 1251 (11th Cir.1999) (ordinances applying specifically to adult entertainment businesses, recognized, as overruled in Zibtluda, LLC, 411 F.3d at 1281 ); Lady…
discussed Cited as authority (rule) Zibtluda, LLC v. Gwinnett County Ex Rel. Board of Commissioners
11th Cir. · 2005 · confidence medium
We have echoed Renton and explained that “[t]he government need only have a ‘reasonable basis’ ... for believing that its policy will indeed further a legitimate interest.” Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306, 1309 (2000).
discussed Cited as authority (rule) Fly Fish, Inc. v. City of Cocoa Beach
11th Cir. · 2003 · confidence medium
See Freedman v. Maryland, 380 U.S. 51, 59 , 85 S.Ct. 734 , 13 L.Ed.2d 649 (1965) (Constitution requires limitation on the time within which licensing decision is made); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 , 110 S.Ct. 596 , 107 L.Ed.2d 603 (1990) (licensing officials required to make prompt decisions); 25 Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306, 1310-1311 (11th Cir.2000).
cited Cited as authority (rule) Artistic Entertainment, Inc., a Georgia Corp. d.b.a. Teasers, Stephen R. Dewberry v. City of Warner Robbins, Donald Walker
11th Cir. · 2003 · confidence medium
Artistic Entm’t, Inc. v. City of Warner Robins, 223 F.3d 1306, 1308-10 (11th Cir.2000).
discussed Cited as authority (rule) Ben's Bar, Inc. v. Village of Somerset
7th Cir. · 2003 · confidence medium
Alameda Books, 122 S.Ct. at 1733-36 (plurality opinion), id. at 1741 (Kennedy, J. concurring); Pap’s A.M., 529 U.S. at 294-96 , 120 S.Ct. 1382 (plurality opinion), id. at 310 , 120 S.Ct. 1382 (Souter, J., concurring in part and dissenting in part). 29 See also Artistic Entm’t, Inc. v. City of Warner Robins, 223 F.3d 1306, 1308-09 (11th Cir.2000) (holding that “a prohibition on the sale of alcohol at adult entertainment venues ... [is] content-neutral and subject to the O’Brien test”); Wise Enterprises, 217 F.3d at 1364 (holding that “[i]t is clear from these [legislative] statement…
examined Cited as authority (rule) Heather Gary v. City of Warner Robins (3×) also: Cited "see"
11th Cir. · 2002 · confidence medium
Second, in Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306, 1308, 1311 (11th Cir.2000) (per curiam), we upheld the City’s right, under Ordinance 19-97, to prohibit adult businesses from obtaining liquor licenses.
discussed Cited as authority (rule) Robert Pennza, Inc. v. CITY OF COLUMBUS, GA.
M.D. Ga. · 2002 · confidence medium
The Court held that the ordinance was facially viola-tive of the First Amendment, explaining that “although it imposes a deadline on the City to consider an adult business license application; it does not guarantee the adult business owner the right to begin expressive activities within a brief, fixed time frame.” Artistic Entertainment v. City of Warner Robins, 223 F.3d 1306, 1311 (11th Cir.2000).
discussed Cited as authority (rule) Café Erotica / We Dare to Bare / Adult Toys / Great Food / Exit 94, Inc. v. St. Johns County
M.D. Fla. · 2001 · confidence medium
Similarly, in Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306, 1311 (11th Cir.2000), the Eleventh Circuit found an ordinance unconstitutional that failed to contain any provisions as to what would happen if the city failed to act on the application within the time frame set out in the challenged ordinance.
discussed Cited as authority (rule) Flanigan's Enterprises, Inc. of Georgia v. Fulton County
11th Cir. · 2001 · confidence medium
Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306, 1309 (11th Cir.2000) (explaining that ordinance’s express purpose was to reduce criminal activity and “other undesirable community conditions”); Wise Enterprises, Inc., v. Unified Government of Athens-Clarke County, 217 F.3d 1360, 1363-64 (11th Cir.2000) (reproducing ordinance providing that combination of public nudity in combination with the sale and consumption of alcoholic beverages “begets criminal behavior and tends to create undesirable community conditions”).
discussed Cited as authority (rule) Flanigan's Enterprises, Inc. Of Georgia, D.B.A. Mardi Gras v. Fulton County, Georgia the Board of Commissioners of Fulton County, Georgia., 6420 Roswell Road, Inc. , a Georgia Corporation, D.B.A. Flashers, Harry Freese, Individually and as Licensee for Flashers v. Fulton County, the Board of Commissioners of Fulton County, Georgia, Ceeda Enterprises, Inc. D.B.A. Riley's Restaurant and Lounge v. Fulton County, Georgia, the Board of Commissioners of Fulton County, Georgia
11th Cir. · 2001 · confidence medium
Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306, 1309 (11th Cir. 2000) (explaining that ordinance's express purpose was to reduce criminal activity and "other undesirable community conditions"); Wise Enterprises, Inc., v. Unified Government of Athens-Clarke County, 217 F.3d 1360, 1363-64 (11th Cir. 2000) (reproducing ordinance providing that combination of public nudity in combination with the sale and consumption of alcoholic beverages "begets criminal behavior and tends to create undesirable community conditions"). 25 Second, the Supreme Court has recognized that a regul…
discussed Cited as authority (rule) Ceeda Enterprises, Inc. v. Fulton County, Georgia
11th Cir. · 2001 · confidence medium
Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306, 1309 (11th Cir. 2000) (explaining that ordinance’s express purpose was to reduce criminal activity and “other undesirable community conditions”); Wise Enterprises, Inc., v. Unified Government of Athens-Clarke County, 217 F.3d 1360, 1363-64 (11th Cir. 2000) (reproducing ordinance providing that combination of public nudity in combination with the sale and consumption of alcoholic beverages “begets criminal behavior and tends to create undesirable community conditions”). 9 The Clubs argue that the ordinance at bar is…
examined Cited "see" 2025 Emery Highway, LLC v. Bibb County, Georgia (4×) also: Cited "see, e.g."
M.D. Ga. · 2005 · signal: see · confidence high
See Artistic Entm’t, Inc. v. City of Warner Robins, 223 F.3d 1306, 1309 (11th Cir.2000) (herein “Artistic I.”); Sammy’s of Mobile, Ltd. v. City of Mobile, 140 F.3d 993, 996 (11th Cir.1998); Flanigan’s Enters., Inc. v. Fulton County, 242 F.3d 976 , 983-84 (11th Cir.2001).
discussed Cited "see" Public Citizen, Inc. v. Pinellas County (2×)
M.D. Fla. · 2004 · signal: see · confidence high
See Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306, 1310-11 (11th Cir.2000) (finding violative of the First Amendment a licensing ordinance that “imposes a deadline on the City to consider an adult business license application, [but] ... does not guarantee the adult business owner the right to begin expressive activities within a brief, fixed time frame”); Redner, 29 F.3d at 1501 ; Cafe Erotica/We Dare To Bare/Adult Toys/ Great Food/Exit 91, Inc. v. St.
discussed Cited "see" Quetgles v. State
Ala. Crim. App. · 2003 · signal: see · confidence high
See Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306, 1308 (11th Cir.2000) (‘regulations that restrict protected expression based on its content are subject to strict scrutiny’); see also R.A.
discussed Cited "see" Red-Eyed Jack, Inc. v. City of Daytona Beach
M.D. Fla. · 2001 · signal: see · confidence high
See Artistic Entm’t, Inc. v. City of Warner Robins, 223 F.3d 1306 (11th Cir.2000) (holding that a city ordinance prohibiting nudity at establishments that serve alcohol lacked procedural safeguards for applicants and was an unconstitutional prior restraint on expression); *1328 Lady J.
discussed Cited "see" Ranch House, Inc. v. Amerson
11th Cir. · 2001 · signal: see · confidence high
See Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306, 1308 (11th Cir.2000) (“regulations that restrict protected expression based on its content are subject to strict scrutiny”); see also R.A.V. *1283 v. City of St.
discussed Cited "see, e.g." In re: Robert Bentley
11th Cir. · 2015 · signal: see, e.g. · confidence medium
See, e.g., Artistic Entm’t, Inc. v. City of Warner Robins, 223 F.3d 1306, 1309 (11th Cir. 2000) (stating that, in a free- speech challenge to a city ordinance, courts “will ‘not strike down an otherwise constitutional statute on the basis of an alleged legislative illicit motive.’”) 14 O’Brien acknowledged that there are limitations to this rule.
discussed Cited "see, e.g." Alabama Education Ass'n v. Bentley
11th Cir. · 2015 · signal: see, e.g. · confidence low
See, e.g., Artistic Entm’t, Inc. v. City of Warner Robins, 223 F.3d 1306 , 1309 (11th Cir.2000) (stating that, in a free-speech challenge to a city ordinance, courts “will ‘not strike down an otherwise constitutional statute on the basis of an alleged legislative illicit motive.’ ”) (quoting O’Brien, 391 U.S. at 383 , 88 S.Ct. at 1682 ); Int'l Food & Beverage Sys. v. City of Fort Lauderdale, 794 F.2d 1520, 1525 (11th Cir.1986) (ex *1313 plaining, while rejecting a free-speech challenge to a city ordinance, that “United States v. O’Brien teaches against striking down otherwise c…
cited Cited "see, e.g." Abusaid v. Hillsborough County Board of County Commissioners
M.D. Fla. · 2007 · signal: see also · confidence medium
Id.; see also Artistic Entm’t, Inc. v. City of Warner Robins, 223 F.3d 1306, 1310-11 (11th Cir.2000).
cited Cited "see, e.g." Abusaid v. HILLSBOROUGH COUNTY BD.
M.D. Fla. · 2007 · signal: see also · confidence medium
Id.; see also Artistic Entm't, Inc. v. City of Warner Robins, 223 F.3d 1306, 1310-11 (11th Cir.2000).
discussed Cited "see, e.g." Ben's Bar Inc v. Village of Somerset
7th Cir. · 2003 · signal: see also · confidence medium
See also Artistic Entm’t, Inc. v. City of Warner Robins, 223 F.3d 1306, 1308-09 (11th Cir. 2000) (holding that “a prohibition on the sale of alcohol at adult entertainment venues . . . [is] content-neutral and subject to the O’Brien test”); Wise Enterprises, 217 F.3d at 1364 (holding that “[i]t is clear from these [legislative] statements the County’s ordinance is aimed at the secondary effects of nude dancing combined with the consumption of alcoholic beverages, not at the message conveyed by nude dancing . . . . [T]he district court was [therefore] correct in [applying] . . . int…
cited Cited "see, e.g." Baby Tam & Co, Inc., a Nevada Corporation v. City of Las Vegas
9th Cir. · 2001 · signal: see, e.g. · confidence medium
See, e.g., Artistic Entm’t, Inc. v. City of Warner Robins, 223 F.3d 1306, 1310 (11th Cir.2000).
Retrieving the full opinion text from the archive…
ARTISTIC ENTERTAINMENT, INC., a Georgia Corporation D.B.A. Teasers, Stephen R. Dewberry, Plaintiffs-Appellants,
v.
CITY OF WARNER ROBINS, Donald Walker, Individually and in His Capacity as Mayor of the City of Warner Robins, Et Al., Defendants-Appellees
00-10173.
Court of Appeals for the Eleventh Circuit.
Aug 23, 2000.
223 F.3d 1306
Cary Stephen Wiggins, Steven M. Youn-gelson, Steven M. Youngelson, P.C., Atlanta, GA, for Plaintiffs-Appellants., Charles E. Cox, Jr., Cole & Cox, LLP, Macon, GA, for City of Warner Robins., Susan Cole, Warner Robins, GA, for Walker, Holt, Horton and Seth.
Birch, Carnes, Kravitch, Per Curiam.
Cited by 36 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 63%
Citer courts: Eleventh Circuit (1)
PER CURIAM:

I. BACKGROUND AND PROCEDURAL HISTORY

In 1997, the City of Warner Robins enacted an ordinance regulating and requiring licenses for adult businesses (“the adult business ordinance”). [1] Among other things, the ordinance established a licensing procedure for adult business as prohibited the sale and consumption of alcohol on the premises. The city amended its alcoholic beverage ordinance at the same time, bolstering the adult business ordinance by preventing adult businesses from obtaining liquor licenses. [2] The City Council approved these measures after an evidentia-ry hearing, and council members had an opportunity to review studies of the secondary effects of adult businesses in other cities as well as transcripts of testimony from numerous Georgia officials.

Artistic Entertainment, Inc., and Stephen Dewberry brought suit in state court against the City of Warner Robins and numerous officials in which they challenged the ordinances’ constitutionality. Artistic Entertainment, Inc., is an establishment known as “Teasers” that features nude dancing; Stephen Dewberry holds the liquor license for Teasers. Defendants removed the case to federal court, which enjoined the implementation of the adult business measures. Defendants appealed, and this court vacated the district court order, holding that it did not give adequate weight to the evidentiary basis offered by Warner Robins in support of its ordinances. The district court granted Defendants’ motion for summary judgment and denied Plaintiffs’ motion for reconsideration. Plaintiffs now appeal.

II. DISCUSSION

Plaintiffs raise a number of First Amendment challenges to the Warner Robins ordinances on appeal. First, Plaintiffs argue the ordinances are content-based restrictions and should be subject to strict scrutiny rather than the intermediate standard of review applicable to content-neutral time, place, and manner restrictions. Second, Plaintiffs object to the district court’s application of the test established in United States v. O’Brien, 391 U.S. 367, 88 S.Ct. 1673, 20 L.Ed.2d 672 (1968). We will consider these first two arguments together. Third, Plaintiffs contend that the adult business ordinance is unconstitutionally vague. Finally, Plaintiffs claim that the adult business ordinance’s licensing provisions are an unconstitutional prior restraint on expression.

A. Establishing and Applying the Proper Standard of Review

Regulations that restrict protected expression based on its content are subject to strict scrutiny. See City of Erie v. Pap’s A.M., 529 U.S. 277, 120 S.Ct. 1382, 1389, 146 L.Ed.2d 265 (2000) (plurality). On the other hand, regulations that target undesirable secondary effects of protected expression are deemed content-neutral, and courts review them with an intermediate level of scrutiny known as the O’Brien test. See id. Courts have long applied the O’Brien test to the regulation of adult entertainment. See, e.g., Renton v. Playtime Theatres, Inc., 475 U.S. 41, 47-49, 106 S.Ct. 925, 929-30, 89 L.Ed.2d 29 (1986); Sammy’s of Mobile, Ltd. v. City of Mobile, 140 F.3d 993, 996 (11th Cir.1998). This[*1309] circuit specifically has held that a prohibition on the sale of alcohol at adult entertainment venues, much like the ordinances at issue in this case, was content-neutral and subject to the O’Brien test. See Sammy’s, 140 F.3d at 996.

Plaintiffs’ attempts to evade the holding of Sammy’s are unavailing. First, plaintiffs quote the deposition of one Warner Robins council-person who disavowed any concern with crime associated with Teasers and acknowledged that he did not peruse any of the written materials given to the Council. [3] Courts are hesitant to inquire into legislators’ motives, however, and we will “not strike down an otherwise constitutional statute on the basis of an alleged legislative illicit motive.” O’Brien, 391 U.S. at 383, 88 S.Ct. at 1682.

Plaintiffs also claim that the adult business ordinance’s definition of “adult business” impermissibly “turns on the characterization and the purpose of the message,” [4] because it exempts mainstream theaters where nudity and sexual expression are generally incidental to the purpose of performances. [5] The ordinance itself, however, states that its purpose is to reduce criminal activity and other “undesirable community conditions” associated with the combination of adult entertainment and drinking. [6] Limiting the ordinance’s reach to those venues reasonably perceived to pose a risk of creating such side effects does not turn the ordinance into a content-based restriction.

Next, Plaintiffs argue that Warner Robins did not have sufficient eviden-tiary support for its conclusion that banning the sale and consumption of alcohol at adult businesses would actually curb crime or reduce the other “secondary effects” targeted by the ordinances. According to Plaintiffs, city council members had no personal experience or knowledge of crime patterns around Teasers, and the studies considered by the Council were conducted out-of-state and failed to find an explicit correlation between alcohol consumption, adult entertainment, and crime. The government need only have a “reasonable basis,” however, for believing that its policy will indeed further a legitimate interest. See Sammy’s, 140 F.3d at 997. The Sammy’s court concluded that “the experience of other cities, studies done in other cities, caselaw reciting findings on the issue, as well as [the officials’] own wisdom and common sense” were sufficient. Id. Given the wealth of documentary evidence and testimony presented to it, we conclude that the Warner Robins City Council had an adequate basis for concluding that proscribing the sale and consumption of alcohol would reduce the crime and other social costs associated with adult businesses. See Renton, 475 U.S. at 51-52, 106 S.Ct. at 931.

B. Vagueness

Plaintiffs contend that the adult business ordinance’s exemption for mainstream or traditional theaters renders its scope unconstitutionally vague. The pertinent provisions of the ordinance are:

The definition of “adult entertainment business” shall not include traditional or mainstream theater which means a theater, movie theater, concert hall, museum, educational institution or similar establishment which regularly features live or other performances or showings which are not distinguished or characterized by an emphasis on the depiction, display, or description or the featuring-of specified anatomical areas or specified sexual activities in that the depiction, display, description or featuring is incidental to the primary purpose of any performance. Performances and showings are regularly featured when they comprise 80% of all performances or showings. [7]

[*1310] Plaintiffs fail to mention that the ordinance goes on to define a number of types of adult venues, such as “adult theater” and “adult entertainment cabaret” that are specifically included in the definition of adult businesses requiring a license to operate. [8]

Plaintiffs complain that the ordinance does not define “performances and showings,” but they ask for a precision of vocabulary that is both impossible and unnecessary. See Grayned v. City of Rockford, 408 U.S. 104, 110, 92 S.Ct. 2294, 2300, 33 L.Ed.2d 222 (1972). It is clear what sort of venue the “mainstream theater” exemption would exclude from the ordinance’s licensing requirements, and if a business owner is unsure, he may check the ordinance’s description of specific, covered venues to determine if the ordinance applies.

Plaintiffs also complain that the ordinance’s percentile standard, under which businesses must obtain a license if more than twenty percent of their performances feature specified sexual content that is more than incidentally related to their purpose, does not state how many performances or what time period will be factored into the equation. In fact, the “mainstream theater” exemption limits the opportunity for arbitrary and discriminatory enforcement of the adult business ordinance by establishing an objective standard. See Grayned, 408 U.S. at 113, 92 S.Ct. at 2302 (noting that it previously had found an ordinance overly vague in large •part because enforcement was based on subjective criteria). The ordinance leaves the City some flexibility in measuring whether a venue falls under the “mainstream theater” exemption, but we are satisfied that the exemption’s “80/20” standard provides adequate notice to business operators and an adequate restraint on arbitrary enforcement. See Mason v. Florida Bar, 208 F.3d 952, 959 (11th Cir.2000).

Moreover, to the extent that the exemption for mainstream businesses is “intended to carve out non-obscene and therefore protected displays of nudity in artistically valuable ... performances^ it] cannot be condemned for facial vagueness.” Café 207, Inc. v. St. Johns County, 856 F.Supp. 641, 650 (M.D.Fla.1994), aff'd, 66 F.3d 272 (11th Cir.1995). “[B]ecause it is impractical if not impossible to precisely describe in words all of the types of nude performances falling within the protection of the First Amendment,” id. at 649, we cannot expect such attempts to be especially eloquent.

C. Prior Restraint

Plaintiffs’ final argument is that the adult business ordinance’s licensing regime operates as an unconstitutional prior restraint on expression because it does not provide an adequate time limit on the City’s review of license applications. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 225-30, 110 S.Ct. 596, 604-07, 107 L.Ed.2d 603 (1990) (discussing application of the prior restraint doctrine to nude dancing). The adult business ordinance requires the City Council to approve or deny a license application within forty-five days, [9] a time-frame this court held was reasonable in Redner v. Dean, 29 F.3d 1495, 1500 (11th Cir.1994). The ordinance also dictates that the City Council “shall” approve an application if it complies with the ordinance.

The problem, Plaintiffs argue, arises if the City, because of bad faith or innocent bureaucratic delays, fails to act on an application before the deadline. In Redner, this court held that a mandatory time limit was “illusory, in that the Administrator’s failure to comply with the time limit does not necessarily allow the applicant to begin engaging in the expressive activity for which the license is sought.” 29 F.3d at 1500. The ordinance at issue in Redner did state that “the applicant may be per[*1311] mitted to begin operating ... unless and until the County Administrator notifies the applicant of a denial of the application,” id. at 1500-01, but the court found that provision insufficient (and the ordinance unconstitutional) because it used the precatory word “may” rather than the mandatory word “shall.” See id. at 1501. Without such a guaranty, this court held that the ordinance “risks the suppression of protected expression for an indefinite time period prior to any action on the. part of the decisionmaker or any judicial determination.” Id.

Warner Robins’s ordinance does not include even the language deemed inadequate in Redner. The adult business ordinance is silent on an applicant’s right to begin operating his business if the city fails to act on his application. In light of Redner’s holding, which clearly controls here, we can only conclude that the Warner Robins adult business ordinance is facially violative of the First Amendment; although it imposes a deadline on the City to consider an adult business license application, it does not guarantee the adult business owner the right to begin expressive activities within a brief, fixed time frame.

III. CONCLUSION

We AFFIRM the district court’s application of the O’Brien intermediate scrutiny standard to the challenged ordinances, as well as the district court’s holding that the adult business ordinance was not unconstitutionally vague. In light of our holding in Redner, however, we REVERSE the district court’s holding that the adult business ordinance did not impose an unconstitutional prior restraint.

1

.See Ordinance Regulating Adult Businesses (Mar. 3, 1997), in Rl, Tab 1, Ex. A.

2

.See An Ordinance to Amend the Warner Robins Alcoholic Beverage Ordinance (Mar. 3,1997), in Rl, Tab 10, Ex. C.

3

. See Cambell Dep. at 4-5, in Rl, Tab 31.

4

. Appellants' Br. at 15.

5

. See Ordinance Regulating Adult Businesses § 1.010(a)(4)(b)(l), in Rl, Tab 1, Ex. A.

6

. See id. § 1.005.

7

. Ordinance Regulating Adult Businesses § 1.010(a)(4)(b)(l), in Rl, Tab 1, Ex. A.

8

. See id. § 1.010(a)(4)(b)(2).

9

. See Ordinance Regulating Adult Businesses § 1.060(a), in Rl, Tab 1, Ex. A.