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 © 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

Magic Silk Expands 'Exposed' Line With 'Pink Kink' Collection

Magic Silk has expanded its Exposed line of lingerie with the Pink Kink collection.

Le Wand Unveils New 'Mini Micro Wand' Massager

Le Wand has debuted the Mini Micro Wand massager.

UK Online Pleasure Retailer 'The Loving Company' Launches

The Loving Company, an online pleasure retailer serving the United Kingdom, has officially launched.

Orion Debuts 'Flexible Double Bullet' Vibe From Sweet Smile Line

Orion Wholesale has introduced the Flexible Double Bullet vibrator from its Sweet Smile line.

Tenga Inks Canadian Distro Deals With Sexy Living, JAL

Tenga has signed deals with Canadian distributors Sexy Living and JAL Enterprises to expand its presence in the northern market.

Williams Trading Co. Launches 2025 Pre-Black Friday Warehouse Sale

Williams Trading will launch its 2025 pre-Black Friday warehouse sale for retailers tomorrow through Nov. 12.

Holiday Now Shipping 'Enby 3' From Wild Flower

Holiday Products is now shipping the Enby 3 vibe from Wild Flower.

FSC Releases Updated Age-Verification Toolkit

The Free Speech Coalition (FSC) has announced the release of its updated age verification toolkit.

Full Circle Elevates Jessica Save to Executive VP of Sales and Marketing

Full Circle/Miami Distro has promoted Jessica Sav to executive vice president of sales and marketing.

UK Moving Ahead with Plan to Outlaw 'Choking' Content

The U.K. government has announced its intent to follow through on criminalizing “choking” content, a plan that was announced earlier this year.

Show More