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

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.

Orion Debuts 'Vibrating Prostate Plug With Moving Rings' From 'Anos' Line

Orion Wholesale has introduced the Vibrating Prostate Plug with Moving Rings from its Anos line.

Fleshlight, Vixen Launch New Product Line

Fleshlight and Vixen Media Group (VMG) have partnered to launch the new Vixen x Fleshlight line.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

Orion Debuts 'Masturbator 10' Stroker

Orion Wholesale has introduced the Masturbator 10 stroker from its What You Never Expected (WYNE) line.

Svakom Debuts 'DuoGlow' 5-in-1 Vibe

Svakom has introduced its new DuoGlow five-function vibrator.

Eversense Toys Launches 'Crowdfundr' Campaign

Pleasure brand Eversense Toys has launched a Crowdfundr campaign.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

Flirt4Free, Lovense Introduce New 'Interactive Control' Features

Flirt4Free has debuted a new suite of interactive Lovense control features for models.

Show More