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

Kheper, Warm Human Launch New 'Gift Bags'

Kheper Games has partnered with Warm Human to launch seven new naughty and irreverent-themed gift bags.

Dutch Police Raid Servers Hosting 'Motherless' Website

A Dutch National Police Corps cybercrime team on Tuesday conducted raids on hosting companies in three cities, seizing servers owned or used by controversial adult website Motherless, as part of an investigation into possible illegal content.

A Look at the Latest Trends in Pleasure Products

Pleasure brands, retailers and distributors with their finger on the pulse of the market are sharing their observations on the latest trends from the past year that are driving sales.

Blush Expands 'Anal Adventures' Collection

Blush has introduced X-Large Anal Beads from its Anal Adventures Collection.

Xgen Debuts '4Play' Collection From Bodywand

Xgen Products has introduced the new 4Play collection of clitoral stimulators from its Bodywand line.

Lovense Debuts 'Fizz' Stimulator

Lovense has introduced its new Fizz dual-head clitoral stimulator.

Eporner Must Face Copyright Suit After Judge Affirms Jurisdiction

A U.S. district court has ruled that it has jurisdiction to hear a copyright infringement lawsuit brought by adult website operators against tube site Eporner, even though Eporner is based outside the United States.

SinParty Integrates Honey Play Box's Vibe-Connect Camming Tools

Cam platform SinParty has partnered with Honey Play Box to integrate the pleasure brand’s Vibe-Connect interactive camming software, allowing creators to engage fans and generate revenue through connected toys during and beyond livestreams.

Hankey's Toys Debuts DiYardieULuv2H8 Silicone Lifecast Dildo

Mr. Hankey's Toys has introduced its newest silicone lifecast dildo, modeled on the anatomy of creator DiYardieULuv2H8.

Blush Expands 'Avant' Line

Blush has introduced two new dildos from its Avant Collection.

Show More