Proposal May Land Simi Valley in Court

The city’s latest attempt at a law limiting sexually oriented businesses hasn’t even reached the Planning Commission, but all sides already are predicting it will land Simi Valley--yet again--in court.

“We have made an effort to put this regulation into a position that will be defensible,” said City Atty. David Hirsch. “There’s a good chance there will be another legal challenge.”

Roger Jon Diamond, attorney for a local businessman who wants to open a nude dance club in the city and has successfully sued over an earlier law, is more blunt.

“The first ordinance was dumb, and this one is dumber,” said Diamond, who specializes in battling cities around Southern California over such laws. “And we’ve already knocked out the first one in federal court.”

Indeed, the newest law--scheduled to go before the city Planning Commission on Wednesday--is a response to a lawsuit won last summer by Philip Young, who began his bid to open an adult-oriented business in 1993.

That suit challenged another city ordinance that outlawed sexually oriented businesses within 1,000 feet of schools or religious facilities or within 500 feet of businesses catering to youths.

The old ordinance was struck down, in part, because it allowed too few potential sites.

The new law is actually two ordinances. One would allow sexually oriented businesses on a swath of industrial territory near the city’s western border. The second ordinance would require such businesses to get permits and would subject club owners and performers to police background checks.

Young, who has attempted to build a nude club since 1993, said the new ordinance is still too restrictive.

Hills, valleys, neighboring industrial sites and nearby landfills in the section of Los Angeles Avenue west of Madera Road make the area unsuitable for development, Young said.

“It’s impossible to build anything in that area,” Young said.

City Atty. Hirsch countered that the proposed sexually oriented business zone on Los Angeles Avenue is legitimate and will meet legal requirements by providing enough places for such businesses to operate. The area has the “physical capability” to be developed for commercial enterprises, he said.

If passed by the City Council, the new ordinances would fill the regulatory gap that opened up when the old ordinance was struck down. Currently the only thing regulating sexually oriented businesses is a temporary moratorium that ends July 28.

But the new proposals will not affect the city’s pending appeal on the last ordinance, which will not be decided for at least another year, Hirsch said.