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

PinkCherry Launches 'Scream Your Own Name' Campaign

PinkCherry has launched its Scream Your Own Name promotional campaign.

UK Outlaws Content Featuring Choking, Adults Portraying Children

The U.K.’s Crime and Policing Bill received final passage in Parliament on Monday, including provisions criminalizing depictions of “non-fatal strangulation” as well as sexual content in which adults portray children.

Orion Expands 'Cottelli Fantasy' Line

Orion Wholesale has added six new lingerie sets to its Cottelli Fantasy collection.

Je Joue to Debut Expanded 'ILY' Collection at EroSpain

Je Joue will introduce several new products from its ILY collection at the EroSpain trade show next month in Barcelona.

Magic Silk Debuts 'Daffodil Dreams' Collection

Magic Silk has introduced its new Daffodil Dreams line of lingerie.

Penthouse Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of Penthouse World Media in a case against a website using an infringing domain.

Playboy Launches Model Search for Honey Birdette Lingerie Collab

Playboy has launched a global model search for the face of the company's exclusive collaboration with lingerie brand Honey Birdette.

Xgen Expands Distro Deal With East Coast News

Xgen Products has expanded its distribution deal with East Coast News (ECN), with the latter now carrying the Lapdance Lingerie and Envy Menswear lines.

Orion Debuts 'Beasty' Jumpsuit

Orion Wholesale has introduced its new Beasty Suits reptilian role-playing jumpsuit.

Show More