Calif. Supreme Court to Decide Topless Club’s Jury Award

SAN FRANCISCO — California’s highest court has decided to review the extent of a city’s responsibility when it obtained a preliminary injunction against an adult cabaret but eventually lost its case.

Wednesday’s order focuses on a jury award of $1.4 million for damages incurred by the owner of San Bernardino’s The Flesh Club after the court ordered it to close down because the club violated a zoning ordinance and deemed it a public nuisance.

Manta Management Corp., the owners of the property, were issued a conditional use permit in 1993 for the operation of a nightclub to feature live, non-erotic entertainment and dancing in a commercial area.

A year later, the club was renamed and began featuring topless dancers.

The city attorney promptly brought an action alleging the topless club constituted a public nuisance, seeking to abate it through preliminary and permanent injunctions. San Bernardino Superior Court Judge Carl Davis granted the city’s motion for preliminary injunction and ordered Manta to cease topless performances.

Manta appealed the order granting the preliminary injunction and cross-complained against the city for declaratory relief and damages.

The cross-complaint included several state causes of action and a cause of action alleging that the “ordinances and code provisions and actions” of the city violated its civil rights under the federal and state constitutions.

Davis later ruled that the ordinance was constitutionally invalid because it neither served a substantial governmental interest nor allowed for reasonable alternative avenues of free speech. He dissolved the preliminary injunction.

In the subsequent trial, a jury awarded Manta $1.4 million in damages for lost profits.

A California appeal court later sided with Manta and approved the damages claim against San Bernardino.

“Just as the act of seeking an injunction maliciously and without probable cause is a tort, so too is the act of seeking and obtaining an injunction to enforce an unconstitutional ordinance,” Judge Art W. McKinster said.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

AV Bulletin: Loopholes and Lawsuits

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Utah 'Porn Tax' Bill Will Head to Governor's Desk

A bill that would tax adult websites and make them liable if minors circumvent geolocation has passed the Utah state legislature and will soon head to the office of Gov. Spencer Cox for signature or veto.

Pornhub to Restrict Access in Australia as AV Rules Take Effect

Pornhub parent company Aylo will restrict access to its free video-sharing platforms in Australia in response to new age verification regulations, the company confirmed Thursday.

House Committee Approves Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce on Thursday passed the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

Federal Judge Orders Refunds for Companies That Paid Trump Tariffs

A judge for the U.S. Court of International Trade on Wednesday ordered U.S. Customs and Border Protection to refund duties paid under the Trump administration’s sweeping program of tariffs.

House Committee to Weigh Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce will meet Thursday to consider and potentially amend the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

FSC Launches Privacy-First Age Verification Solution for Members

The Free Speech Coalition (FSC) announced today that it has granted members exclusive access to the PrivateAV age verification solution.

Brazil: New AV Requirements Set to Take Effect March 17

President Luiz Inácio Lula da Silva this week gave final approval to new regulations requiring adult websites to age-verify users located in Brazil starting March 17.

Utah 'Porn Tax' Bill With VPN Provisions Passes State Senate

The Utah state Senate has passed a bill that would impose a 2% tax on the revenues of adult websites doing business in that state, and make sites liable if Utah minors use VPNs to circumvent geolocation.

Show More