Ore. Adult Store Loses 9th Circuit Appeal

SAN FRANCISCO — Oregon Entertainment Corp., owners of Fantasy Adult Video in Beaverton, Ore., lost its appeal to keep the store open around the clock when the U.S. 9th Circuit Court of appeals upheld a March 2005 ruling in favor of the city of Beaverton.

In the March 2005 case, Judge John Jelderks had ruled for the city, saying Oregon Entertainment Corp. failed to make a strong case that its constitutional rights had been violated when the city refused to allow the store 24-hour operation.

Attorneys for both sides argued the case before the appeals court March 7 in Portland, with Oregon Entertainment attorneys' main argument being that the city’s denial amounted to “prior restraint,” because of the adult material the store sold and rented. Such a practice would be improper under Oregon’s Constitution, which protects speech and legal activity some might consider “unsavory.”

The company also claimed that it was denied due-process rights under the 14th Amendment because its lawyers were not allowed to cross-examine witnesses before the Beaverton City Council during a hearing in the case. Company attorneys said the city’s denial blocked its use of the property without the proper legal process.

Attorneys representing the city of Beaverton disputed that claim, and also said that the city’s permit process includes “the exercise of substantial discretion” and shouldn’t be based solely on fulfillment of regulatory criteria.

In a three-page decision, the appeals court agreed with the city and affirmed the U.S. District Court decision.

The 9th Circuit Court of Appeals is one of the last stops in the legal case before going to the U.S. Supreme Court.

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

Anti-Porn Senator Introduces Federal Age Verification Bill

U.S. Senator Jim Banks of Indiana, who last month urged the Department of Justice to ramp up obscenity prosecutions, on Wednesday introduced a bill that would make age verification by adult websites federal law.

Orion Expands 'Your Strap-On' Collection From You2Toys Line

Orion Wholesale has added two new sets to the Your Strap-On collection from its You2Toys line.

Honey Play Box Introduces 'Kai Pro' Stroker

Honey Play Box has debuted its new Kai Pro stroker.

Male Power Featured on 'Saturday Night Live'

Male Power was featured in the season finale of “Saturday Night Live.”

COTR Acquires 'Le Wand,' 'b-Vibe' and 'The Cowgirl' Trademarks

COTR, Inc. has acquired trademark ownership of its flagship brands, Le Wand, b-Vibe, and The Cowgirl.

Kheper Releases Flavored 'All Dicks,' 'All Chicks' Lollipops

Kheper Games has debuted its new All Dicks Penis Suckers and All Chicks Pussy Suckers.

Magic Silk Expands 'Love' Line

Magic Silk has introduced six new styles from its Love line of lingerie.

XBIZ Virtual Pleasure Products Trade Show Set for July 28-30

To facilitate global business between brands and buyers without the need for travel, XBIZ is pleased to reintroduce a virtual edition of its pleasure products events, set for July 28-30.

Orion Debuts New Styles From 'Svenjoyment' Line

Orion Wholesale has released two new styles from its Svenjoyment undergarment line.

Blush, 'Drag House Rules' Partner for Pride Month

Blush has been named an official challenge sponsor for OUTtv’s “Drag House Rules” during Pride Month.

Show More