The City of Wichita has adopted an ordinance requiring anyone who wishes to operate an “entertainment establishment” to first obtain a license from the City. These licensing requirements are triggered by someone’s decision to provide entertainment to the public, though they do not govern the content of the entertainment a person may provide. Anyone with a license must comply with restrictions based on noise level, hours of operation, building capacity, safety, and security.
A Wichita jury found Arlando Trotter had violated these provisions by operating an unlicensed club. On appeal, he challenges the constitutionality of Wichita’s licensing framework, claiming it impermissibly restricts his expressive conduct and requires governmental approval before he may engage in that expression. We find the ordinance to be a permissible restriction on the time, place, and manner in which people may offer entertainment to the public. After carefully reviewing the parties’ constitutional arguments and Trotter’s additional claims, we affirm.
Source: Kansas Court of Appeals.
