Federal Court Won’t Rehear Adult Ordinance

SAN FRANCISCO – A federal appeals court on Monday refused a petition to rehear a case seeking to strike the city of Spokane’s ordinances regulating existing adult-oriented businesses.

The case involved World Wide Video, which has four retail shops in the Spokane area that sell all types of adult products, from DVDs to books to adult toys.

In late May, the 9th U.S. Circuit Court of Appeals decided that the city can impose rules on the location of adult businesses by requiring set-back requirements, which prevent them from existing in close proximity to most land-use categories, with the exception of some industrial and commercial properties.

World Wide general manager Dennis Derizzo told XBiz that three adult stores are affected by the ordinance. World Wide has been in the Spokane area for 21 years.

World Wide had petitioned the 9th Circuit to rehear the case en banc, or with the full court. “No further petitions for rehearing or rehearing en banc will be accepted,” the San Francisco-based court said Monday.

The company’s attorney, Gilbert H. Levy of Seattle, was unavailable for comment, and at posting time it was not known whether or not World Wide would challenge the 9th Circuit’s decision to the U.S. Supreme Court.

The 9th Circuit’s court-ruling authority reaches California, Oregon, Washington, Arizona, Montana, Idaho, Nevada, Alaska, Hawaii, Guam and the Northern Mariana Islands.

Passed in 2001, Spokane’s amended ordinances state that all adult businesses can’t be located within 750 feet of libraries, churches schools and other adult businesses.

But the ordinances go further: They also outlaw the businesses within 750 feet of residential homes, apartment buildings and farmland.

The ordinances give existing adult businesses one year to either relocate or change the nature of their operations.

“[M]unicipalities are allowed to keep the pig out of the parlor by devising regulations that target the adverse secondary effects of sexually oriented adult businesses,” Judge Richard C. Tallman wrote for the court. “This is precisely what Spokane did when it enacted the ordinances.”

In the case, World Wide also took issue with another part of the ordinances, which spelled out what defines an adult store.

The court said that the language of the ordinance had nothing to do with the determination whether adult material constitutes a “significant or substantial” portion of a store’s stock.

“[I]n attempting to extend its right to operate at its present locations, World Wide was afforded – and has availed itself of – the full panoply of due process rights,” Tallman wrote. “We conclude that World Wide received all the process it was due.”

The case is World Wide Video of Washington Inc. vs. City of Spokane, No. 02-35936.

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