City News & Novelty, Inc. v. City of Waukesha

Summary

The City of Waukesha required anyone selling explicit adult-oriented materials to have a special business license, which must be renewed annually. City News and Novelty, Inc. had such a license, and the company applied for renewal in 1995.

Upon review, Waukesha’s Common Council found that City News had violated city ordinances by allowing minors to “loiter on the premises,” failing to properly monitor activity in the store, and more. As a result, the council denied City News’s renewal application.

City News filed a lawsuit against the City of Waukesha, and after multiple state courts upheld the council’s rejection, the business appealed to the Supreme Court. Alliance Defending Freedom funded an amicus brief in support of Waukesha and set up a moot court for the case.

In a unanimous decision, the Court dismissed the case because City News had withdrawn its application and closed its business, rendering the case moot.