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 'E-Stim Anal' Collection

Beisar has debuted its new E-Stim collection of anal pleasure products.

Hankey's Toys Debuts UnicornHorn48 Silicone Lifecast Dildo

Mr. Hankey's Toys has introduced its newest silicone lifecast dildo, modeled on the anatomy of creator UnicornHorn48.

Rouge Opens US-Based Warehouse

U.K. pleasure brand Rouge has revealed that it will expand into the United States with a new U.S.-based warehouse.

Romantix-Fargo Zoning Dispute Heads Back to District Court

A federal appeals court on Thursday ruled that zoning officials in Fargo, North Dakota, acted in an “arbitrary and capricious” manner when they prevented sex toy retailer Romantix from opening a planned retail store in that city.

Sex Expo to Make Long-Awaited L.A. Return in January 2027

Sex Expo, the nation’s pioneering sexual wellness event, will make its long-awaited return Jan. 7-10, 2027.

Male Power Debuts 'WOW' Collection

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

CalExotics Debuts New Vibrator Collection From 'California Dreaming' Line

CalExotics has introduced its Summer Lovin’ vibrator collection from its California Dreaming line.

Male Power Debuts 'Mesh 2.0' Collection

Male Power has introduced its new Mesh 2.0 collection of men's underwear.

Full Circle Debuts 'Big Juicy Booty' Collection From 'Savage Me' Line

Full Circle has introduced its Big Juicy Booty torso collection from its Savage Me line.

Orion Introduces 2 New Styles From Cottelli Lingerie

Orion Wholesale has debuted two new styles from its Cottelli Lingerie line.

Show More