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

SCOTUS Won't Hear Appeal in NYC Adult Businesses Zoning Case

The U.S. Supreme Court has declined to hear an appeal by a group of adult businesses of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

National Signs Distro Deal With NeuroSource for Happy Mind, XXXTabs

National Distribution has signed a deal with NeuroSource to carry the wellness brand's Happy Mind and XXXTabs product lines.

Nobü Partners With JellyFilledGirls for 'Jëli' Vibrator

Pleasure brand Nobü has teamed up with creator duo JellyFilledGirls to release the Jëli vibrator.

Orion Debuts 'RC Inflatable Expander Plug' From 'Anos' Line

Orion Wholesale has introduced the RC Inflatable Expander Plug with Vibration from its Anos line.

Icon Debuts New 'Mixers' Dildos

Icon Brands has introduced its new Mixers dildo collection.

Magic Silk Expands 'Exposed' Line With 'Blue Sky' Collection

Magic Silk has expanded its Exposed line of lingerie with the Blue Sky collection.

Male Power Debuts 'Fishnet 2.0' Collection

Male Power has introduced its new Fishnet 2.0 collection of men's underwear.

OTouch to Release '2nd-Generation' Masturbators

OTouch is gearing up to launch its second-generation strokers.

Orion Unveils New 'Kink Royal' Collection From 'Noir Handmade' Line

Orion Wholesale has introduced the Kink Royal collection from its Noir Handmade line.

Florida Congressman Files Latest Bill to Repeal Section 230

Rep. Jimmy Patronis of Florida has become the latest member of Congress to propose legislation that would repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Show More