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.