Court Supports Challenge to Law on Adult Shops

A federal appeals court took issue Tuesday with restrictions under Long Beach’s adult business ordinance, saying that owners of an X-rated theater and three bookstores can challenge a list of locations where municipal officials say they must operate.

“This is a significant decision for the adult entertainment industry,” said Roger Jon Diamond, an attorney for the businesses who says that city lists of alternative sites are a ruse. “Many of these properties are already occupied. In many cases there is no place for my clients to go.”

The ruling by a three-justice panel of the U.S. 9th Circuit Court of Appeals is the latest development in a lawsuit challenging the constitutionality of the Long Beach ordinance, which seeks to keep adult book stores, theaters and video outlets 300 to 1,000 feet from schools, homes, churches and parks.

The case was filed in 1998 by Seung Chun Lim, Fluffy Inc., and 5436 Santa Monica Boulevard Inc. They own an adult theater and three adult book and video stores on Pacific Coast Highway and Atlantic Boulevard. They say they are being forced to relocate in violation of their constitutional rights.

Attorneys on both sides say the case could have a major impact on other local governments that are trying to restrict adult businesses.

“We think we will eventually prevail,” said Daniel S. Murphy, a deputy city attorney for Long Beach.

The 9th Circuit ruled that U.S. District Judge Richard A. Paez erred during the trial when he did not allow Diamond’s clients to present evidence demonstrating that the addresses on the Long Beach list were unsuitable.

The court noted, however, that there was no reason to conclude that Long Beach had acted in bad faith or unreasonably. The case will be returned to District Court for further hearings and a new trial.