Judge Blocks Palmdale’s Bid to Close Adult Shop : Pornography: The ruling cites ‘improper censorial motives’ in the City Council’s 5-0 vote in February to deny the store operating permits.

A federal court judge in Los Angeles, citing censorship concerns, has blocked Palmdale’s attempt to close its only sexually explicit book and video store, ruling not only that the shop can remain open but also expand.

In an interim order filed Monday, U.S. District Court Judge William M. Byrne said he found evidence of “improper censorial motives” in the Palmdale City Council’s decision Feb. 26 denying business operating permits to Sunshine Gifts & Things.

Byrne’s preliminary injunction allows the business to remain open pending resolution of the lawsuit it filed last November against the city. Trial is scheduled to begin Sept. 10.

The ruling also allows the business to expand by opening four coin-operated video viewing machines and three video viewing booths.

In a 16-page ruling two months after the last court hearing in the case, Byrne called the city’s moves “suspect” and said the store’s owner, N.L. Management Co., had “raised serious questions as to the constitutionality” of the city’s actions.

At issue was the Palmdale council’s 5-0 vote in February, to the applause of more than 500 residents, to deny the store operating permits. The vote came despite a finding by city officials that the store had complied with the city’s permit requirements.

Attorneys for N.L. Management, which operates a chain of similar stores, contended city officials have set out to close the Palmdale store, and thus violate the company’s First Amendment rights, simply because it sells sexually explicit material.

Palmdale council members and the city’s attorneys claimed the permit denials were justified because the company had refused to respond to allegations by anti-pornography activists that two company officers had criminal convictions related in part to pornography.

But Byrne ruled a criminal record does not constitute legal grounds to deny a permit to a First Amendment-related business under the city’s business permits ordinance. The judge also rebuffed the city’s claim that the company’s refusal to respond was grounds for denial.

David M. Brown, a Beverly Hills attorney who represents the company, said he was pleased and satisfied with the judge’s ruling. Palmdale City Atty. William B. Rudell said he would recommend that the City Council not appeal the ruling.