SUMMARY OF PRACTICE

Mr. Bergthold’s national municipal law practice focuses on the drafting and defense of adult business regulations in state and federal courts.  Mr. Bergthold is a frequent lecturer for state municipal leagues and the International Municipal Lawyers Association (IMLA).  He has co-authored two books addressing adult business regulation, as well as articles for ABA State and Local Law News, Land Use Law & Zoning Digest, and Municipal Lawyer.  He served as lead brief writer for the city in City of Littleton v. Z.J. Gifts D-4, LLC, 541 U.S. 774 (2004).

PUBLICATIONS 

Local Regulation of Adult Businesses 2006 Edition

Thomson West (co-author with Prof. Jules B. Gerard)

Protecting Free Speech and Expression:  The First Amendment and Land Use Law    

American Bar Association Publishing, Daniel L. Mandelker and Rebecca Rubin, eds., 2001

Municipal Lawyer Magazine (International Municipal Lawyers Association)

City of Littleton v. Z.J. Gifts:  The Supreme Court Gives the Green Light to Sexually Oriented Business Licensing Ordinances, November/December 2004, Vol. 45, No. 6                

Alameda Books Reaffirms Renton’s “Reasonably Believed to Be Relevant” Standard, Rejects Empirical Proof Requirement for Secondary Effects Ordinances, September/October 2002, Vol. 43, No. 5

City of Erie v. Pap’s A.M. and the Future of Sex Business Regulation, September/October 2000, Vol. 41, No. 5

Land Use Law and Zoning Digest

How to Avoid the Top Ten Pitfalls of Adult Business Regulation

American Planning Association, Vol. 54, No. 5 (May 2002 (Part I) and July 2002 (Part II))

State and Local Law News

Licensing Sexually Oriented Businesses:  Will the Supreme Court’s Decision in City News Be Good News for Cities? ABA State and Local Government Section (Winter 2000-2001)

PAPERS/PRESENTATIONS

Adult Business Litigation After City of Littleton v. Z.J. Gifts:  Licensing Upheld, Renton Reaffirmed

International Municipal Lawyers Association (April 2005)

“How to Avoid the Top Ten Pitfalls of Adult Business Regulation”

National Bureau of Business Licensing Officials (July 2004)

“City of Los Angeles v. Alameda Books and Judicial Review of Planning Judgments”

American Planning Association Annual Conference (April 2002)

“Zoning Adult Uses:  Getting a Grip on the Meaning of ‘Reasonable Alternative Avenues’”

Texas Municipal League Annual Convention (November 2001)

“The Seventh Circuit’s Approach to Content-Neutral Permit Regulations”

Wisconsin Municipal Attorney’s Institute (June 2001)

SEMINARS:  Effective Regulation of Adult Businesses

County Counselors Association of Kansas (July 2002)

League of Arizona Cities and Towns (July 2001)

Michigan Municipal League (May 2000)

Tennessee District Attorneys General Association (January 1998)

League of California Cities (November 1997)

ADMITTED TO PRACTICE (Admitted only in the listed jurisdictions)

Supreme Court of Arizona

Supreme Court of Tennessee

Supreme Court of the United States

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals for the Sixth Circuit

United States Court of Appeals for the Seventh Circuit

United States Court of Appeals for the Ninth Circuit

United States Court of Appeals for the Tenth Circuit

United States Court of Appeals for the Eleventh Circuit

United States District Court for the District of Arizona

United States District Court for the Northern District of Indiana

United States District Court for the Northern District of Ohio

United States District Court for the Western District of Michigan

United States District Court for the Eastern District of Tennessee