Spokane’s Sweeping Adult Ordinances OK'd

SAN FRANCISCO – In a setback for adult brick-and-mortar stores, a federal appeals court ruled Thursday that the city of Spokane’s ordinances regulating existing locations of those businesses are constitutional.

The 9th U.S. Circuit Court of Appeals decided that the city can impose rules on the location of adult businesses by requiring set-back requirements, which prevent them from existing in close proximity to most land-use categories, with the exception of some industrial and commercial properties.

Passed in 2001, Spokane’s amended ordinances state that all adult businesses can’t be located within 750 feet of libraries, churches schools and other adult businesses.

But the ordinances go further: They also outlaw the businesses within 750 feet of residential homes, apartment buildings and farmland.

The ordinances give existing adult businesses one year to either relocate or change the nature of their operations.

“[M]unicipalities are allowed to keep the pig out of the parlor by devising regulations that target the adverse secondary effects of sexually oriented adult businesses,” Judge Richard C. Tallman wrote for the court. “This is precisely what Spokane did when it enacted the ordinances.”

The case involves World Wide Video, which has four stores in the Spokane area that sell all types of adult products, from DVDs to books to adult toys.

Three of the stores are affected by the ordinance, World Wide’s manager Dennis Derizzo told XBiz. World Wide has been in the Spokane area for 21 years.

The company’s attorney, Gilbert H. Levy of Seattle, was unavailable for comment.

In the case, World Wide also took issue with another part of the ordinances, which spelled out what defines an adult store.

The court said that the language of the ordinance had nothing to do with the determination whether adult material constitutes a “significant or substantial” portion of a store’s stock.

“[I]n attempting to extend its right to operate at its present locations, World Wide was afforded – and has availed itself of – the full panoply of due process rights,” Tallman wrote. “We conclude that World Wide received all the process it was due.”

The case is World Wide Video of Washington Inc. vs. City of Spokane, No. 02-35936.

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

Paradise to Host 'Happy Hour' Event at XBIZ Expo

Paradise Pleasure Products will host a special Happy Hour event during XBIZ Expo 2026.

Florida Attorney General Dismisses AV Suit Against Segpay

The Florida attorney general’s office on Monday agreed to dismiss claims against payment processor Segpay in a lawsuit over alleged noncompliance with the state’s age verification law.

Fleshlight, Ricky's Room Team Up to Launch New Product Line

Fleshlight and Ricky's Room have partnered to launch the new Fleshlight x Ricky's Room collection.

VVD Debuts 'Rider Desire Black' Sex Machine

Pleasure brand VVD has introduced its limited edition Rider Desire Black sex machine.

b-Vibe to Host 'Pottery & Sip' Event at XBIZ Expo

B-Vibe will host a “Mold Your Fantasy: A Pottery & Sip Experience” in partnership with Pot Studio LA during XBIZ Expo 2026.

FTC Weighs Reboot of 'Click to Cancel' Rulemaking Process

The Federal Trade Commission has invited public comments on a petition to renew trade regulation rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

LELO Toys Featured on Netflix's 'Emily in Paris'

LELO's Sona 2 Cruise and Soraya Wave appear in episode seven of the latest season of Netflix's "Emily in Paris."

New Federal Bills Aim to Repeal Section 230

Members of Congress this week introduced two bills calling for the repeal of Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Ball & Chain Debuts New 'Sex Dice' Game

Ball & Chain has introduced its Really Big Sex Position Dice game.

Wicked Sensual Care Debuts New Lube, Kits

Wicked Sensual Care (WSC) has introduced its first aloe-based lubricant and two new Adventure kits.

Show More