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

Liberator Introduces 'Luxe Faux-Fur' Throw Collection From 'Fascinator' Line

Liberator has debuted its Luxe Faux-Fur throw blanket collection from its Fascinator line.

XR Brands Debuts 'Jock Premium' Squirting Dildos Collection

XR Brands has introduced its Jock Premium collection of squirting, silicone dildos.

Kaotik Labs, Dildos Assorted Ink Distro Deal

Svakom’s male-focused sextech sister brand, Kaotik Labs, has signed a deal with Dildos Assorted (DA) for exclusive online distribution.

Calvista Now Shipping Tenga Products and 'Iroha' Line

Calvista has signed an Australian and New Zealand distribution deal for Tenga and its Iroha product line.

Orion Unveils 6 New Styles From 'Abierta Fina' Line

Orion Wholesale has introduced six new styles from its Abierta Fina collection.

Full Circle Debuts New Pleasure Products for 'Anal August'

Full Circle has introduced its Sparkle-LIT anal plug and My Buddy collection of rechargeable plugs.

Creator and Sexual Wellness Brand Marketplace Platform 'Teasr' Launches

Teasr, an online marketplace for creators and sexual wellness brands that focuses on live-selling and video product demonstrations, has officially launched.

B-Vibe Debuts 'Premium XXL' Collection

B-Vibe has debuted its Premium XXL collection of dildos and anal pleasure products.

Orion Debuts 'Love Balls' Collection From Cuties Line

Orion Wholesale has introduced the new Love Balls pelvic trainer collection from its Cuties line.

FSC Hails Members, Allies in SCREEN Act Victory

The Free Speech Coalition (FSC) released a statement today praising its members and allies after a successful lobbying effort to prevent the SCREEN Act, a nationwide age verification bill, from advancing out of the Commerce Committee for a full vote on the Senate floor.

Show More