Adult World Bookstore Wins Round Against City : Van Nuys: A state appeals court overturns ’90 suspension of shop’s operating license. The owner makes a plea to end police harassment of customers.

A Van Nuys adult video and book store has won the latest skirmish in a courtroom battle with the city that has spanned four years.

The state 2nd District Court of Appeal on Tuesday overturned a 1990 order by the Los Angeles Police Commission suspending the operating license of Adult World, 6406 Van Nuys Blvd., on the grounds that there was insufficient evidence that the establishment had allowed its customers to engage in lewd conduct.

In the wake of the decision, the store’s attorney, Roger J. Diamond, and its proprietor, Bernard Green, on Friday called on Los Angeles Police Chief Willie L. Williams to reverse what they contend was a citywide campaign by former Chief Daryl F. Gates’ administration to “harass and intimidate” customers and to shut down such establishments.

“Our police should be trying to prevent gang violence and drive-by shootings, rather than waste taxpayers’ money harassing people who pose no violent threat to anyone,” Diamond said at a news conference inside the store.

The attorney said he had invited Williams to the event, but the newly appointed chief did not attend. A police spokeswoman said Williams was unavailable for comment Friday, a day when most city offices closed in observance of the July 4 holiday.

But Sgt. Joseph Brazas, watch commander of the Police Department’s Van Nuys Division, took issue with Diamond’s remarks, saying police “don’t go into a particular store and harass people. Our vice units simply look for violations that may or may not occur at all locations.

“We might make three, four or five arrests at one place, but we won’t make any arrests at another if we see that the owner is fully complying with the law.”

Adult World’s sparring with the city began in 1988 and 1989 with the arrests of 33 male customers alleged to have engaged in lewd conduct at the store.

Ironically, in 1987, Councilman Marvin Braude had awarded Adult World a certificate of appreciation--now hanging in a corridor of video viewing booths--for its role in “Van Nuys Community Cleanup . . . in recognition of outstanding citizenship and activities enhancing community betterment.”

After the arrests, police commissioners appointed a hearing examiner to review the allegations against the store.

The examiner conducted a hearing, and according to court documents found insufficient evidence to sustain any of the 33 charges that the store and its parent corporation, Bam Inc., had allowed lewd conduct at the business and recommended that charges be dropped.

On Sept. 12, 1990, the commissioners, without comment, overruled the examiner’s findings and ordered a 30-day suspension of Adult World’s operating license.

Adult World fought the suspension by suing in Los Angeles Superior Court, resulting in a ruling in the city’s favor by Judge John Zebrowski. The store’s owner appealed and on Tuesday the appellate court reversed Zebrowski’s ruling.

Diamond said the court’s decision becomes final in 60 days and the city attorney “can ask for a review, if he chooses.” City Atty. James K. Hahn could not be reached for comment.

Diamond said he represents several other adult businesses, including Stan’s Books in Hollywood. He attacked challenges to adult businesses by public officials “who don’t have to pay anything out of their own pockets.”

“It’s too bad we’ve got people who try, for political reasons, to shut down businesses that employ people and pay taxes,” Diamond said. “The trouble is, the pressure that these people put on our public officials is costing the taxpayers a lot of money for no reason at all.”

Adult World has continued operating throughout the court battle.