Fullerton : Judge Blocks Ordinance Aimed at Bookstore

A judge ordered city officials not to enforce a new ordinance Thursday that would have curtailed the operation of the city’s only adult bookstore.

Superior Court Judge William F. McDonald found that the city had failed to show that the Fantasy Shoppe on Harbor Boulevard was a magnet for crime.

McDonald said city officials could return with more evidence to show that the Nov. 4 ordinance is needed to control crime. The law would have forced the adult bookstore to close between midnight and 10 a.m. and all day on Sundays.

The council passed the ordinance at the request of Fullerton police, who said they have made several arrests for solicitation and lewd acts, which they attribute to conduct inside the bookstore.

City Atty. Rector K. Fox said last week that the Fantasy Shoppe is next to a neighborhood where residents should have the right to live in peace and quiet.

Bookstore attorney Roger Jon Diamond filed a lawsuit last week, challenging the ordinance before it went into effect. He claimed that other businesses, such as bars that remain open until 2 a.m., would not have been affected by the ordinance. He also argued that it was a violation of bookstore owner Brock Inc.’s right to freedom of expression.

Under the court decision, city officials may try to build a stronger case and return for another hearing on the closure. In the meantime, the bookstore will remain open seven days a week, 24 hours a day.