A decision by the California Court of Appeals paving the way for a nude cabaret to open in Anaheim will be a boon to adult businesses statewide, according to the lawyer who filed the appeal.
“I think it’s going to prevent other cities from playing games,” said Roger Jon Diamond, a lawyer representing the owner of the Funtease theater. “The decision will force cities to wake up and realize that they have to allow these businesses to exist somewhere.” In the decision, published Tuesday, three 4th Appellate District judges ruled that Anaheim erred in not allowing the nude cabaret to open in an industrial area north of the Riverside Freeway. The decision reversed an earlier ruling by the Orange County Superior Court upholding the city’s action.
City officials could not be reached for comment late Tuesday.
Diamond’s client filed a 1994 application to open the nude theater. The application was denied and, during the appeal process while it was still pending, the city added other zoning restrictions that prevented the business from opening.