Anaheim Becomes Key Site in War on X-Rated Businesses

This city has become the front line in the legal war between California communities and adult businesses. And although recent court decisions have dealt blows to the city’s get-tough effort, neither side is backing down.

The city, home to Disneyland and known as a family vacation paradise, has five nude cabarets and topless bars--more than any other community in Orange County. All have opened within the last six years.

This has happened despite the fact that Orange County has been particularly unfriendly ground for adult entertainers, with many communities enacting tough regulations although they do not have any businesses operating, experts say.

But few California cities have been as aggressive as Anaheim in drafting laws restricting adult businesses. In the process, the city has become a closely watched laboratory to test the legal limits.

In September, the state Supreme Court let stand a ruling that allowed an adult theater to operate despite ordinances prohibiting such businesses from locating within 100 feet of freeways or within 400 feet of residential zones.

A day later, the 4th District Court of Appeal threw out convictions against seven Anaheim lap dancers who were charged with violating the city’s no-touch rule, a misdemeanor. The justices said Anaheim went too far by criminalizing touching between dancers and patrons.

Cities can regulate the behavior by revoking licenses but cannot jail people who violate the ordinance, they ruled.

Anaheim is the first city in the state known to criminally prosecute a violation of municipal regulations on adult-oriented businesses. Despite the legal setback, City Atty. Jack White said, the city will appeal the decision to the Supreme Court.

“I don’t want the businesses to think that it is a free-for-all,” he said. “The courts are always moving the parameters, but it won’t diminish our resolve to protect the citizens. . . . It is not over yet.”

Courts have historically upheld cities’ rights to regulate the time, place and manner of adult business operations.

Meanwhile, operators of such businesses have consistently fought many of the regulations, arguing they infringe on their 1st Amendment rights because erotic entertainment is protected speech. Where the lines can be drawn is unclear.

Anaheim has experienced a dramatic upsurge of adult businesses in recent years. And experts say there will be pressure for more now that the city’s resort district is undergoing a multimillion-dollar face lift, with Disneyland expanding its landmark theme park.

“There are more tourists, more adults visiting the city,” said H. Eric Schockman, a professor of public policy at USC. “It is a boon cycle for adult businesses.”

The adult entertainment industry hailed the Anaheim court rulings as historic victories, and the attorney who represented the theater operator has already vowed to use the zoning case to advocate for other clients.

Attorney Roger Diamond maintains that Anaheim’s aggressive stance is more about politics than morality.

“It gets people all worked up and the politicians know that,” said Diamond, who represented the dancers as well.

In the Anaheim zoning case, the city denied Badi Abrahim “Bill” Gammoh a permit to open a nude theater near the Riverside Freeway and La Palma Avenue. The leased property was within 400 feet of a vacant lot zoned residential--a violation of existing city code. After Gammoh applied the city passed additional ordinances including one that prohibited adult businesses within 100 feet of a freeway.

Anaheim argued that such establishments so close to major thoroughfares tainted the city’s image. Gammoh sued.

“They think this business is a nuclear reactor and it is going to kill everybody in the town,” Gammoh said.

The appellate court sided with Gammoh. Wrote the justices: “Gammoh is not proposing to construct a huge billboard . . . ‘Come to Gammoh’s Flesh Emporium.’ ”

The court also ruled that despite the 400-foot prohibition, it was unreasonable to believe that a residence would be built on the isolated vacant lot in question.

The rulings have upset Anaheim residents and officials, who say they want to keep the city safe for families.

“Anaheim should be known for something else than having more adult-oriented businesses than other cities in the county,” said Bop Zemel, a former council member who helped pass many of the ordinances restricting adult businesses.