If the Bada Bing were BYOB …

… no one ever would have known, because, until recently, New Jersey law prevented such a fact from being advertised. See N.J. Stat. Ann. § 2C:33-27.* Tony Soprano and his cohorts, of course, presumably would not have been dissuaded by the threat of statutory violations. The owners of an actual Atlantic City, New Jersey, adult entertainment establishment, however, were so dissuaded, and they filed a complaint for relief in the United States District Court for the District of New Jersey. That Court issued an opinion on December 21, 2017, where it held that plaintiffs were likely to succeed on the merits in proving that the New Jersey law was an unconstitutional, content-based restriction on speech under either intermediate or strict scrutiny. While the Court granted relief in the form of a status quo preliminary injunction – prohibiting the defendants from enforcing the law and the plaintiffs from violating it – the Court’s ruling was nevertheless an early Christmas gift for plaintiffs and their patrons. The Court’s final decision on the merits almost certainly will expand upon its criticism of the New Jersey statute so, until then, it’s last call for New Jersey’s ban on BYOB advertising.

*The Bada Bing was the fictional adult entertainment establishment in the HBO drama The Sopranos.

Disclaimer: This website is for informational purposes only and is not intended as legal advice. Your access to, and engagement with, this website should not be construed as creating an attorney-client relationship. Any legal questions should be directed to an attorney licensed in your jurisdiction.

Opinions are my own and do not necessarily reflect the opinions of Spilman Thomas & Battle, PLLC,  its employees, or its clients. To contact me, please e-mail jschaeffer@spilmanlaw.com

Attorney Advertising Disclaimer: This website may be considered Attorney Advertising under the laws and rules of some jurisdictions. Each case is different, and outcomes depend on multiple factors, including the unique set of facts and applicable law. No attorney can guarantee a particular outcome in a given case.

I, Joseph Schaeffer, am solely responsible for the content of this website. My primary office address is located at 48 Donley St., Morgantown, West Virginia, 26501.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s