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

Beisar Introduces 'Phantom' Dildo

Beisar has debuted its Phantom fantasy dildo.

Full Circle to Debut New Pleasure Products at ANME

Full Circle will introduce its new AI companion love dolls and head-equipped torso dolls at ANME trade show, running July 12-15 at the Burbank Marriott.

Our Erotic Journey Rolls Out Store Locator Site Feature

Our Erotic Journey (OEJ) has debuted its new Store Locator feature on its website and app.

Segpay Partners With Corey Silverstein for Legal Services

Segpay has partnered with adult industry attorney Corey D. Silverstein for specialized legal compliance and policy support for its merchant network.

Zalo Signs Distro Deal With ECN

Zalo has inked a deal with East Coast News (ECN) for U.S. distribution.

Toendi Debuts 'Aurora 2' Vibe

Toendi has unveiled its new Aurora 2 vibrator.

Missouri Governor Signs Bill Making AV Regulations State Law

Missouri Governor Mike Kehoe signed a bill into law on Thursday requiring adult websites to age-verify users in the state, finalizing a legislative “stamp of approval” for AV rules after Missouri’s attorney general unilaterally imposed similar regulations last year.

Ofcom Fines Fapello $845,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 630,000 pounds (about $845,000) against adult website fapello.com for failing to comply with provisions of the Online Safety Act.

Je Joue 'ILY G-Spot Wand' Featured in Vice Review

Je Joue’s ILY G-Spot Wand has been named Best G-Spot Wand in a new round-up of the best wand vibrators on Vice.com.

Beisar Introduces 'Pelor' Anal Vibe

Beisar has debuted its Pelor vibrating anal pleasure product.

Show More