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

Male Power Debuts 'Eggplant' Collection

Male Power has introduced its new Eggplant collection of men's underwear.

Nexus Introduces Automatic Anal Douche

Nexus has debuted its new Automatic Rotating 360° anal douche.

Orion Debuts 'Three in a Row' Dildo Set From 'You2Toys' Line

Orion Wholesale has introduced the new three-piece dildo set Three in a Row from its You2Toys line.

XBIZ Expo 2026 Pleasure Product Trade Show Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for the XBIZ Expo pleasure product trade show, set to take place Jan. 8–12 at the Loews Hollywood Hotel.

Magic Silk Debuts 'Black Cherry' Collection

Magic Silk has introduced its new Black Cherry line of apparel.

Nexus Debuts 'Alpha Surge' Masturbator

Nexus has introduced Alpha Surge, its first stroker device.

Womanizer Drops 2 New Editions of 'Next' Stimulator

Womanizer has debuted two new versions of its Next clitoral stimulator, comprising the Bordeaux and Dusky Pink editions.

Lovense, Hustler Hollywood Partner for Demo Events

Lovense and Hustler Hollywood have partnered for a series of 16 in-store product demonstration events, starting Jan. 13.

Holiday Now Shipping 'Love to Love' Collection From Lovely Planet

Holiday Products is now shipping the Love to Love product line from Lovely Planet.

Utah State Legislator Proposes New 'Porn Tax'

A Utah state senator introduced a bill on Monday that would impose a 7% tax on the gross receipts of adult websites doing business in that state, plus require adult sites to pay an annual $500 fee.

Show More