Garden Grove : Book Store Ordinance Ruled Unconstitutional

A Municipal Court judge has ruled that a 1983 city ordinance regulating adult bookstores is unconstitutional.

The ordinance, passed unanimously by the City Council, affects all five adult bookstores in the city: A to Z, Hip Pocket, the Adult Bookstore, Garden of Eden and the Party House. All are on Garden Grove Boulevard.

Under the ordinance, the five stores would have had to pay for alterations and repair work so booths in which customers view adult movies conform with legal requirements. The work would include removing doors on the booths, constructing them so store operators could see inside, installing adequate lighting, installing bathrooms, widening aisles and installing fire-resistant material.

Attorney Roger Diamond, who represents three of the five stores, said the ordinance “would have required some of these people to go out of business because it was so burdensome, so onerous.” He said closure of the stores was the city’s real intent in passing the law.

Municipal Judge Michael Beecher ruled Friday that the law is aimed solely at adult bookstores, therefore discriminating against one segment of the business community.

The stores refused to comply with all the requirements, according to police and building inspectors, and the city attorney’s office filed misdemeanor charges against all five.

Police Sgt. Pat Thrasher said the ordinance was an effort to stop lewd activity.

But Diamond said: “It’s my understanding, based on what the police tell me, that lewd acts occur anywhere, from bus stations to public parks to Anaheim Stadium. You’re never going to stop lewd acts completely. So if they’re going to try and shut down these bookstores, they might as well also try to shut down Anaheim Stadium.”