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 © 2025 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

Missouri Lawmaker Attempts to Revive 'Health Warnings' for Adult Sites

A Missouri state representative has introduced a bill that would require adult sites to post notices warning users of alleged physical, mental, and social harms associated with pornography, despite a previous federal court ruling against such requirements.

Sportsheets Releases New Training Video for 'Indica' Collection

Sportsheets has released its latest training video, titled "The Indica Collection by Sex & Mischief," hosted by Brand Ambassador Rin Musick.

Orion Debuts 3 New Styles From Cottelli Lingerie

Orion Wholesale has introduced three new styles from its Cottelli Lingerie line.

Casey Murphy Launches 'Pleasure Brand Lab' Digital Marketing Suite

Sexual wellness marketing strategist Casey Murphy has launched Pleasure Brand Lab, a digital marketing suite for small and indie brands.

CAM4, Lovense Introduce New 'Interactive Control' Features

CAM4 has debuted a new suite of interactive Lovense control features for models.

Blush Debuts 3 New Vibes From 'Sexy Things' Collection

Blush has introduced three new vibrators from its Sexy Things collection.

Holiday Products, Sugar Splash Sign Distro Deal

Holiday Products has signed a distribution deal with wellness brand Sugar Splash.

Ruling: Italy's 'Porn Tax' Applies to All Content Creators

Italy’s tax revenue agency has ruled that the nation’s 25% “ethical tax” on income generated from adult content applies even to smaller independent online content creators.

Le Wand Introduces 'Classique' Vibe Collection

Le Wand has debuted its new Classique vibrator line.

Proposed New Hampshire AV Bill Appears to Violate Constitution

A bill in the New Hampshire state legislature, aimed at requiring adult sites to age-verify users in that state, contains a provision that seemingly contradicts the Supremacy Clause in Article VI of the U.S. Constitution.

Show More