Great American Dream, Inc. v. DeKalb County
290 Ga. 749
Ga.2012Background
- Pin Ups seeks injunctive relief to stop DeKalb County ordinances regulating hours after alcohol service ends.
- Ordinances require closing and clearing premises one hour after alcohol sale ends and reopening at 9:00 a.m.
- Trial court denied temporary restraining order and injunctive relief; ruling relied on rational-basis treatment of free speech.
- Pin Ups claimed free speech protection under Georgia Constitution (broader than First Amendment) and that the ordinances unduly restrict protected expression.
- Court of Appeals reverses, holding trial court used wrong standard and must apply strict/special Georgia-era review for incidental effects on speech.
- Case remanded for proceedings using correct legal standard; decision notes irreparable injury standard for speech violations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper standard for free speech challenge? | Pin Ups argues Georgia Constitution protects broader free speech than First Amendment. | Board argues rational-basis justification for time/place/manner regulation. | Reversed; correct Georgia standard to be applied on remand. |
| Are the ordinances content-neutral with incidental impact on speech? | Ordinances indirectly affect protected expression; impact must be narrowly tailored. | Ordinances are content-neutral and aimed at reducing secondary effects. | Incidental impact requires heightened scrutiny; remand for proper analysis. |
| Was there irreparable harm to free speech warranting injunction? | Loss of speech rights constitutes irreparable injury. | No irreparable harm shown relevant to injunction. | Injunctive relief may be warranted; need correct standard on remand. |
Key Cases Cited
- Harris v. Entertainment Systems, 259 Ga. 701 (Ga. 1989) (expressive conduct protected by Georgia Constitution)
- Goldrush II v. City of Marietta, 267 Ga. 683 (Ga. 1997) (content-neutral regulation incidentally affecting speech)
- Paramount Pictures Corp. v. Busbee, 250 Ga. 252 (Ga. 1982) (time/place/manner regulation; substantial government interest)
- Grady v. Unified Govt. of Athens-Clarke County, 289 Ga. 726 (Ga. 2011) (Georgia constitution requires least restrictive means for time/place/manner)
- Statesboro Publ’g Co. v. City of Sylvania, 271 Ga. 92 (Ga. 1999) (narrowly drawn regulations governing speech components)
- Garden Hills Civic Assn. v. MARTA, 273 Ga. 280 (Ga. 2000) (time/place/manner considerations; N/A for direct speech control)