East Brooks Books, Inc. v. City of Memphis, 633 F.3d 459

1991 Memphis ordinance imposed licensing for adult businesses to control secondary effects.
1996 consent judgment adopted Sixth Circuit ruling as final on constitutionality, effectively pausing enforcement.
1996 consent judgment left the ordinance in place but unenforced and no permits required.
2007 Shelby County Act created county-wide licensing regime for adult establishments, with broader regulatory framework.
2008 Memphis enforcement limited by Act's preemption clause; County Ordinance later became the more restrictive scheme.
60(b) motion filed 2008 to relieve judgment; district court denied relief and this appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether intervening changes in law justify relief under Rule 60(b)(5).	Cooper relies on Littleton and writs of certiorari change.	Defendants argue changes cure only some defects, not all; severability issues remain.	No relief under 60(b)(5) for remaining defects.
Whether the shareholder disclosure provision is severable from the consent decree.	Disclosing management shares overlaps with other provisions.	Shareholder disclosure essential to regulatory purposes.	Shareholder disclosure not severable; district court proper on severability.
Whether the peaceful-manner and amortization provisions are severable and relief is warranted.	These provisions are redundant or contrary to state law; severance should be allowed.	Provisions severable; court erred in striking them.	Peaceful-manner and amortization severable; relief denied for 60(b)(5) other reasons.
Whether the equities support relief from judgment.	Equities favor Memphis operating under the Memphis Ordinance.	Equities do not favor relief; County Ordinance already addresses most issues.	Equities not dispositive; relief denied.
Whether the district court correctly denied relief given intervening law.	Intervening law invalidates the need for strict enforcement.	Intervening law does not cure all defects; control remains with judgment.	District court acted within discretion; relief denied.

East Brooks Books, Inc. v. City of Memphis, 48 F.3d 220 (6th Cir. 1995) (invalidated parts of Memphis Ordinance; warning about amendments and review)
Rufo v. Inmates of Suffolk Cnty. Jail, 502 U.S. 367 (U.S. 1992) (standard for modifying consent decrees based on changed circumstances)
City of Lakewood v. Plain Dealer Publ’g Co., 486 U.S. 750 (1988) (severability of local ordinances is a question of state law)
Deja Vu of Nashville, Inc. v. Metro. Gov't of Nashville & Davidson Cnty., 466 F.3d 391 (6th Cir. 2006) (expedited certiorari clears First Amendment review timelines)
Brown v. Tennessee Dept. of Finance and Admin., 561 F.3d 542 (6th Cir. 2009) (equities not sole determinant in Rule 60(b) analysis)
Ackermann v. United States, 340 U.S. 193 (1950) (exceptional circumstances required for Rule 60(b)(6) relief)
Huguley v. Gen. Motors Corp., 999 F.2d 142 (6th Cir. 1993) (review of consent decree interpretations)
Williams v. Vukovich, 720 F.2d 909 (6th Cir. 1983) (continuation of jurisdiction over consent decree)