A federal appeals court judge, in a concurrence to a ruling on a Miami Beach strip club ordinance, said First Amendment doctrine “seems increasingly made up.”

The case revolved around a challenge to a city rule requiring all strip clubs to follow a record-keeping and identification-checking system to ensure all performers are at least 18 years old, or face penalties. Judges Stanely Marcus, Kevin Newsom, of the U.S. Court of Appeals for the Eleventh Circuit, and U.S. District Judge Richard Story rejected a Miami Beach strip club’s argument that the rule violated the First and Fourth Amendments.