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GARDEN GROVE : ‘Peep Show’ Dispute Is Settled in Court

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A settlement has been reached in the legal dispute between the city and the operators of five “peep show” arcades that will allow the businesses to stay open with certain restrictions.

After a two-day trial in Orange County Superior Court this week, Judge John C. Wooley approved operating permits for the arcades. Wooley also invalidated the city’s requirement that the arcades, which show snippets of X-rated films, typically for a quarter, be at least 1,000 feet from a place “likely to be frequented by a minor.”

The judge issued an injunction ordering A-Z Books to build an 8-foot block wall along the back alley of its parking lot to discourage “cruising,” hire a security guard to patrol the parking lot from 9 p.m. to 1 a.m. “to suppress lewd conduct and littering” and improve lighting in the lot.

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Hip Pocket Adult Books will have its hours of operations restricted to 9 a.m. to 1:30 a.m. daily, and 10 a.m. to midnight on Sundays. Most adult bookstores and peep shows operate 24 hours a day.

The judge also required the shops to comply with the city’s ordinance regulating adult businesses. The merchants have until June 1 to comply with the terms of the settlement.

Both sides claim the settlement as a legal victory.

“I think this is a win-win situation,” said Stuart B. Scudder, city attorney for Garden Grove. “It’s good that the city and the (arcade) operators and the neighbors are all working together to eliminate the problem.”

The city and some neighbors of the adult book stores have complained that the businesses along Garden Grove Boulevard are the source of lewd conduct, crime, litter, noise and traffic problems.

Roger B. Diamond, attorney for the adult businesses, said his clients prevailed on the larger issue of whether the arcades could remain open.

“The city was trying to get three of the businesses--the Hip Pocket, the Bijou and the Garden of Eden--closed down because they were in the wrong zone, and the court shot them down,” Diamond said. “That kind of took the wind out of (the city’s) sails, and it was easier for us to settle after that.”

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Another legal battle may be forthcoming, though. Diamond said that the A-Z will refuse to comply with changes in the city’s “peep show” ordinance taking effect May 5, which includes tougher requirements on booth configuration and visibility of exits.

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