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Banquet Rooms Inc., Downtown Juneau Investments LLC, Midrad LLC, and PPH Properties I LLC — argued that the 1996 regulation violates free speech and the equal-protection component of the Fifth Amendment of the U.S. Constitution. The judge did not grant the injunction on the grounds of the regulations’ unconstitutionality. Instead, Adelman’s ruling determined that the CARES Act did not specify that any industries should be denied loans based on the nature of their services. Because the plaintiffs engage in non-obscene businesses that comply with federal, state, and local law, and the PPP is a new, COVID-19 specific loan program, the 1996 regulation is neither specific to this program, nor does it serve a reasonable purpose. “These businesses must make payroll and pay rent and utility bills, just like any other business. Their contributions to the national economy are no different than the contributions made by small businesses in other industries,” the judge concluded. Adelman also suggested that the plaintiffs would likely succeed in arguing that their businesses were not sexually prurient. This regulation has “singled them out for unfavorable treatment based solely on the content of their speech,” violating their First Amendment rights. A similar case brought in Michigan has yet to be determined. #DecriminalizingSexWork #AdultEntertainment #TomMcNeelyMedia #SelectEntertainment #EroticGateway #SelectVIP #SHOGIRL #1800SHOGIRL #McNeelyMedia #McNeelyMarketing
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