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

AV Bulletin: Midyear Roundup

Since the U.S. Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. Meanwhile, lawsuits resulting from AV laws have begun to play out in the courts. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Williams Trading Names Lindy Court Sales Representative

Williams Trading has appointed Lindy Court as its new sales representative.

Full Circle Expands 'Be Savage' Line

Full Circle Distribution has introduced 30 new styles from its Be Savage line of lingerie.

Sportsheets to Debut 'Signature' Collection at ANME

Sportsheets will introduce its new Signature collection at the ANME trade show in Burbank next month.

JO Debuts 'Bake Shoppe' Lube Collection

JO has introduced its Bake Shoppe Collection of flavored lubricants.

Dollmora Wellness Now Offering OEJ's Cristal, Zodiac Collections

Dollmora Wellness has partnered with Our Erotic Journey (OEJ), adding the Zodiac and Cristal Collections to its curated catalog of pleasure products.

Aneros Debuts 'Soaker' Cleaning Accessory

Aneros has introduced its new Soaker accessory for cleaning prostate massagers.

Lovense Launches 'Control Me' Livestream Feature

Lovense has officially launched its new Control Me feature for livestreams.

Judge Dismisses Last NCOSE-Backed Suit Over Kansas AV Law

A federal judge on Monday dismissed a lawsuit alleging that adult site SuperPorn violated Kansas’ age verification law, citing lack of jurisdiction after similarly dismissing two related cases earlier this year.

Wicked Sensual Care Debuts 'Natural' Lube From 'Simply' Collection

Wicked Sensual Care (WSC) has introduced the new Natural lubricant from its Simply collection.

Show More