Adult businesses
Adult Business' First Amendment Rights Prevail Over Procedural Constraints
Submitted by jstephens on 3 August 2010 - 10:29pmIn a case involving the City of Stanton’s “sensitive use ordinance,” the Fourth District Court of Appeal has ruled that the city’s handling of an application for an adult business was flawed.
On December 1, 2008, Musa Madain submitted tenant improvement plans for a proposed adult cabaret on Katella Avenue. At the same time, he allegedly also attempted to submit the appropriate application and fee for an adult business. However, Madain claims he was told by city staff at the planning counter that the application and fee were not necessary. Two weeks later, Madain received a letter from the city manager stating his tenant improvements were rejected on the grounds his application was incomplete and that it was proposed within 300 feet of a “planned” church.
Cabaret Loses 1st Amendment Argument Over Use Permit
Submitted by Paul Shigley on 28 May 2009 - 11:09amA state appellate court has upheld the City of Los Angeles’s refusal to grant a conditional use permit for the sale and on-site consumption of alcohol at an adult cabaret. The court ruled that the decision to deny the permit strictly concerned alcohol and did not prohibit the expression of protected speech.
Cal Supremes Throw Out Award Of Damages To Strip Club
Submitted by Paul Shigley on 20 May 2008 - 9:09amA $1.4 million award of damages to the owners of a San Bernardino adult cabaret has been thrown out by the state Supreme Court. In a unanimous ruling, the state high court said that an appellate court had answered the wrong question when it decided the City of San Bernardino was liable for Flesh Club’s expenses and lost income during a 53-month period when the cabaret was shut down.
SD County Zoning Ordinance Survives 2 Suits Mostly Intact
Submitted by Robin Andersen on 29 November 2007 - 11:39amSan Diego County’s adult business ordinance has mostly survived two federal court challenges. In separate rulings, the Ninth U.S. Circuit Court of Appeals held that the ordinance’s zoning provisions pass constitutional muster.
Las Vegas Finally Wins A Round In Baby Tam Saga
Submitted by Anonymous on 1 June 2001 - 12:00amThe latest round in the legal saga of an adult bookstore in Las Vegas has been won by the city. The U.S. Ninth Circuit Court of Appeals upheld the city’s regulatory system for adult businesses after the city adopted measures to ensure prompt reviews of adult business license applications by city officials and state courts.
Adult Bookstore Application Process Fails Before Ninth Circuit
Submitted by Anonymous on 1 March 2000 - 1:00amA City of Las Vegas ordinance regarding adult bookstore permits has been declared unconstitutional by the Ninth Circuit U.S. Court of Appeals. The ruling in the case, known as Baby Tam II, came despite amendments to city ordinance, state law and court rules of practice that were intended to cure defects of an earlier law that the Ninth Circuit declared invalid in 1998.
Cities Struggle To Regulate Adult Business
Submitted by Anonymous on 1 April 1999 - 1:00amThey raise the ire of homeowners and merchants, councilmembers and supervisors, police chiefs and chamber of commerce leaders. They are seen as blights on a town, attractions for the wrong element. They should be run out of town, is the common sentiment.