(Case No. 90-2315-TUB; United States District Court for the Western District of Tennessee, Judge Jerome Turner)
ACLU Cooperating Attorneys: Bruce S. Kramer, Borod & Kramer, P.C.; Richard B. Fields, Attorney at Law
Plaintiffs: Larry McDaniel
Defendants: City of Memphis, Council of City of Memphis; Jimmy Moore, Chairman of the Council of the City of Memphis
The ACLU of Tennessee represented Larry McDaniel and his minor children in a lawsuit challenging the constitutionality of a Memphis ordinance which prohibits any promoter, performer, producer, director, or parent from “knowingly” allowing a minor to attend a “live performance which is harmful to minors.” The maximum penalty is a $50 fine.
The ACLU charged that this ordinance deprives parents of their right to rear their own children, and to determine what performances they may attend, view, see, hear, or participate in without due process of the law. The ordinance does not provide reasonable notice of what is proscribed, is overly broad, and fails to provide substantive or procedural due process of law.
The lawsuit sought an injunction enjoining the city from enforcing provisions of the statute and declaratory judgment that the ordinance violates the First and Fourteenth Amendments to the United States Constitution and Article I, Section 19 of the Tennessee Constitution.
On October 21, 1994, United States District Court Judge Jerome Turner struck down the ordinance and ruled that it was vague and overbroad and violated the First and Fourteenth Amendments to the United States Constitution and Article 1, Section 19 of the Tennessee Constitution. Judge Turner also agreed that parents, not government, should determine what types of concerts their children attend.
On March 8, 1995, Judge Turner issued a permanent injunction enjoining the city from enforcing the ordinance.
ACLU Files Lawsuit Challenging Memphis Concert Ordinance (May 10, 1990)
McDaniel v. Hackett – Judgment and Permanent Injunction (March 8, 1995)
McDaniel v. Hackett – Order on Motions for Summary Judgment (October 21, 1994)
Memorandum of Law in Support of Motion for Summary Judgment (August 8, 1990)
McDaniel v. Hackett – Motion for Summary Judgment (August 3, 1990)
McDaniel v. Hackett – Issues Presented by Plaintiffs (May 31, 1990)
McDaniel v. Hackett – Motion to Intervene (May 10, 1990)