U.S. Supreme Court Rules Adult Ordinance OK

WASHINGTON, D.C. – U.S. Justices decided Monday that a Colorado city's adult business license ordinance does not violate the First Amendment.

The case involves Z.J. Gifts, which opened an adult bookstore doing business as Christal’s in a section of Littleton, Colo., not zoned for adult businesses. Instead of applying for a license, the company filed suit saying the ordinance violated the First Amendment's free speech provisions.

The Supreme Court was asked to determine what judicial process is constitutionally required in an adult-business licensing case.

In 1993, Littleton passed an ordinance requiring that adult businesses obtain licenses, in effect restricting the possible locations for such businesses.

In 1999, Z.J. Gifts opened what the city characterized as an adult business in an impermissible location.

Prior to opening, the city informed Z.J. Gifts that the location was not an acceptable adult-business location but Z.J. Gifts countered that the business was not an adult business as defined in the ordinance.

Z.J. Gifts filed a civil rights suit, claiming that the ordinance violated Z.J. Gifts' First Amendment rights. Specifically, Z.J. Gifts claimed the ordinance was an improper prior restraint because the ordinance process had a potential indefinite time period.

The U.S. District Court granted the Littleton's motion for summary judgment. But the 10th U.S. Circuit Court of Appeals reversed in part, determining that the judicial review portion and pre-application requirements of the adult-business ordinance were unconstitutional.

A federal judge ruled for the city, but a federal appeals court panel in Denver said the city's ordinance did not include a provision to ensure a "prompt final judicial decision."

The courts have said the First Amendment requires a licensing scheme to ensure quick judicial review of an administrative denial.

Writing for the court, Justice Stephen Breyer said the Littleton ordinance meets the constitutional requirement.

Breyer said that when an ordinance regulates the conditions of an adult business' operation, but does not censor its content, Colorado's normal system of review is adequate.

The case is City of Littleton, Colo., vs. Z.J. Gifts LLC, No. 02-1609.

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

Full Circle Expands 'My Buddy' Anal Plug Collection

Full Circle Brands has added three new vibrating anal plugs to its My Buddy line.

BMS Factory, Calvista Sign Distro Deal for Australia, New Zealand

Canadian pleasure brand BMS Factory has signed an exclusive deal with Calvista for distribution in Australia and New Zealand.

Nalpac Acquires Holiday Products

Nalpac has acquired Chatsworth, California-based adult distributor Holiday Products, expanding its West Coast presence.Nalpac adds Holiday to its distribution network after previously acquiring Tempe, Arizona-based boutique distributor Entrenue in 2023.

Ofcom Cites Web Prime, Porntrex for Alleged AV Violations

U.K. media regulator Ofcom on Tuesday notified two operators of adult websites of the agency’s provisional determination that the companies have failed to comply with provisions of the Online Safety Act.

FSC: Utah Excise Tax on Adult Content Goes Into Effect October 1

The Free Speech Coalition (FSC) has issued an advisory that the Utah Excise Tax goes into effect tomorrow.

Full Circle Expands 'Sparkle' Plug Collection

Full Circle has expanded its Sparkle line of jeweled anal plugs with Sparkle Ultra and “Sparkle Shroom.”

Orion Debuts 4 New Styles From 'Cottelli Party' Line

Orion Wholesale has expanded its Cottelli Party line with four new styles.

Sexual Wellness Company 'Wild Brands' Officially Launches

Briana Watkins has officially launched a new, female-led sexual wellness company, Wild Brands.

Orion Expands 'Cotelli Bondage' Line

Orion Wholesale has expanded its Cotelli Bondage collection with five new outfits.

Aylo Wins Preliminary Injunction Against Utah AV Law's VPN Rule

A federal court on Thursday issued a preliminary injunction preventing the state of Utah from enforcing a legal provision that would make adult websites liable if minors in the state circumvent geolocation efforts in order to bypass age verification.

Show More