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Déjà Vu Boutique Sues City of Industry Over Internet Kiosks

Déjà Vu Boutique Sues City of Industry Over Internet Kiosks
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Sep 3, 2008 6:00 AM PDT    Text size: 
LOS ANGELES — The City of Industry is facing a lawsuit after citing the Déjà Vu Love Boutique for installing Internet kiosks. The city claims that the kiosks violate the city's municipal code; Déjà Vu claims that to regulate the kiosks is a violation of Constitutional free speech guarantees.

The Déjà Vu Love Boutique shares its address with the Déjà Vu gentlemen's club. Both are located at 16025 Gale Ave. in Industry, the Boutique in Suite A14 and the club in Suite A11.

The city cited Déjà Vu Love Boutique on June 13 for the unauthorized Internet kiosks, saying that the store should apply for a use permit. The city also cited the boutique on June 18, June 26 and July 10.

On July 11, the store stopped offering Internet services and a representative of the store attempted to apply for a use permit. According to the lawsuit, "the agent was informed it would be futile to apply for a use permit because the [municipal code] does not designate Internet access as a permitted use" in the store's commercial zone C area.

The permit application was returned July 25 with a statement that It could not be processed because Internet access is not listed as a permitted use in zone C.

The suit says that "the city's power to regulate land uses that involve free speech activities is subject to limitations imposed by the free speech provisions of the federal and state constitutions."

Attorney A. Dale Manicom, who represents Déjà Vu Love Boutique, told XBIZ he had no official comment on the suit.

The City Attorney of the City of Industry was not available for comment.

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