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

Besharam CEO Raj Armani Featured in Cosmopolitan India Magazine Brand Showcase

Raj Armani, co-founder and CEO of Indian pleasure brand Besharam, was recently featured in a full-page brand showcase advertorial in Cosmopolitan India Magazine.

Aneros Rolls Out Resource Hub for Retailers, Industry Partners

Aneros has launched its new Aneros Media Website, a digital platform to centralize the company's educational resources, product training, point-of-sale materials, and marketing assets for its retailers, distributors, and industry partners.

Liberator Debuts 3 Curated 'Kinkmas Box' Holiday Pleasure Product Bundles

Lifestyle pleasure brand Liberator has introduced Kinkmas Boxes, three curated holiday product bundles for couples.

Paradise to Introduce 3 New Additions to 'Illumination' Line at Sex Expo in January

Paradise Pleasure Products will debut three new additions to its LED-enhanced Illumination collection at Sex Expo, taking place Jan. 7-10 in L.A.

Brent Aldon, Erik Vasquez to Return as Hosts of 2027 XBIZ Awards, Pleasure and Retail Edition

Aneros Director of Sales and Marketing Brent Aldon and Sliquid VP of Marketing Erik Vasquez will once again bring their signature showmanship to the stage as co-hosts of the 2027 XBIZ Awards, on Jan. 9 at Avalon Hollywood.

b-Vibe Introduces Clinician-Reviewed Educational Guides

COTR has released a new set of clinician-reviewed educational guides through its b-Vibe Anal Academy platform.

East Coast News Taps Paul Reutershan for Business Development Manager

Paul Reutershan has joined East Coast News (ECN) as its new business development manager, returning to the company where he began his career in 2002.

Beisar Debuts 'Pixel' Anal Vibe

Beisar has introduced its Pixel three-function anal vibrator.

Xgen Expands Bodywand Line With 2 New Vibes

Xgen Products has added two new bullet vibrators to its Bodywand collection.

Womanizer Introduces 'Snap' Micro Stimulator

Womanizer has debuted its new Snap stimulator, billed as the smallest pleasure product the company has released.

Show More