The Ninth U.S. Circuit Court of Appeals has reversed a District Court's grant of summary judgment to two adult bookstores. The stores had claimed that a Los Angeles ordinance requiring the dispersal of adult businesses violated the First Amendment. The Ninth Circuit found that the declarations upon which the summary judgment was based were biased did not amount to "actual and convincing" evidence sufficient to cast doubt on the rationale for the ordinance.
The ruling is the latest in a 15-year-old case that the court called "resilient." Yet the ruling settled nothing. All the Ninth Circuit did was return the case, known as Alameda Books, to District Court for trial.
A city ordinance effectively banning tattoo parlors oversteps constitutional limits protecting freedom of expression, the Ninth U.S. Circuit Court of Appeals has ruled.
A unanimous three-judge panel struck down a City of Hermosa Beach zoning code prohibiting tattoo parlors because it violated the First Amendment.
Although it may seem that tattoos are the provenance of modern day subcultures such as rock stars and motorcyclists, tattoos have been part of evolving culture around the globe for thousands of years, the court explained. City of Hermosa Beach, however, perceived tattoos' outlaw air and had adopted a zoning ordinance that precluded the operation of tattoo parlors.
In 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.
A 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.
A $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.
San 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.
The 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.
A 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.
They 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.