Jane Doe I v. Juana Marine-Lombard

Summary

The Fifth Circuit vacated a preliminary injunction against Louisiana's Act No. 395, which requires erotic dancers at alcohol-licensed establishments to be at least 21 years old. Applying intermediate scrutiny under *United States v. O'Brien*, the court held the age restriction was a content-neutral regulation narrowly tailored to combat secondary effects like human trafficking and prostitution, and that the state's limiting construction excluding mainstream theater and ballet cured any overbreadth. The court also rejected a facial vagueness challenge, finding that the terms "breasts or buttocks" are commonly understood and that the Act provides sufficient notice of prohibited conduct. The case addresses First Amendment overbreadth and vagueness doctrines, intermediate scrutiny for incidental speech restrictions, and standing requirements for facial challenges.

Holdings

1. The Act is not overbroad; it is narrowly tailored to serve the substantial governmental interest of combating secondary effects of human trafficking and prostitution, and it does not burden substantially more speech than necessary.
2. The Act is not vague; it provides sufficient definiteness using common terms like 'breasts' and 'buttocks' that ordinary people can understand what is prohibited.
3. Yes, they have standing because they have expressed a serious interest in returning to erotic dancing and their desire to dance has been chilled by the Act's vagueness.

Questions Presented

1. Whether the Act is facially overbroad or lacks narrow tailoring under the First Amendment
2. Whether the Act is facially vague
3. Whether the plaintiffs have standing to bring a facial vagueness challenge

Disposition

vacated