Zoning Law Was Prior Restraint for Adult Bookstore, Federal Court Rules

SAN JOSE, Calif. — The U.S. District Court in San Jose has struck down a city zoning law that it found imposed unconstitutional prior restraint on an adult business.

The business in question was a bookstore that was trying expand into vacant space adjacent to its core space but ran afoul of city zoning laws that were enacted after the place was already open for business.

Granting permanent injunction in Seven Cities Enterprises Inc. vs. City of Salinas, the federal court ruled that a section of Salinas municipal code violates the 1st and 14th amendments of the U.S. Constitution.

At the core of the case was the business' attempts to expand the number of private viewing booths, or "arcades," Seven Cities' attorney Clyde DeWitt told XBIZ.

“This case started when the City refused to allow my client to increase his number of arcades to meet demand,” he said. “The city said it would be an illegal expansion of a nonconforming use. After a year and a half of bickering, here we are in federal court.

“This is one of a long series of cases where a city wants to have discretion in deciding whether adult businesses are permissible.”

The zoning requirement is a “constitutional prior restraint because it vests an impermissible level of administrative discretion” in the city’s role as a licensor, U.S. District Judge James Ware wrote in the 11-page decision.

Seven Cities operates L’Amour, an adult book and video store with private viewing stalls.

The shop is located in a part of the city not zoned for adult entertainment and had been open before Salinas enacted zoning laws. But, the restriction to expand arose because the zoning law prohibits “noncomforming use” and therefore, prevented L’Amour from expanding.

Related:  

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

Penthouse Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of Penthouse World Media in a case against a website using an infringing domain.

Meta Restores Playboy Germany Facebook Page After Court Order

The Facebook page of Playboy Germany, the German-language edition of the magazine, is now back online after a two-month suspension by Meta, following an order by the Düsseldorf Regional Court.

UPDATED: European Commission Unveils AV App, Addresses Hacks

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

Tennessee Bill Would Require Warnings on Adult Stores

The Tennessee Senate has passed a bill requiring adult stores, theaters and other establishments in the state to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Canadian Senate Approves National Age Verification Bill

Canada’s Senate on Wednesday passed bill S-209, the “Protecting Young Persons from Exposure to Pornography Act,” which would require commercial adult websites to verify that Canadian users are at least 18 years old.

UK House of Commons Moves to Tone Down Porn Amendments

The House of Commons has modified amendments to the U.K.’s pending Crime and Policing Bill, including provisions regulating “step” content, content featuring adults role-playing as minors, and performers’ ability to withdraw consent.

Final IRS 'No Tax on Tips' Rule Excludes Pornography

The Internal Revenue Service on Monday published final regulations on the “No Tax on Tips” provision included in the “One Big Beautiful Bill Act,” offering new tax deductions for tip workers but excluding revenue received for “pornographic activity.”

Pennsylvania Legislature Weighs 'Porn Tax' Bill

The Pennsylvania State Senate is considering a bill that would impose a 10% tax on the revenue of adult websites doing business in that state.

Trump Tariffs Refund Process to Launch April 20

U.S. Customs and Border Protection (CBP) will begin the process of refunding duties paid under the Trump administration’s sweeping program of tariffs by providing, starting April 20, an online tool for submitting refund claims.

UK Government May Limit 'Step' Porn Ban With New Amendments

The U.K. Ministry of Justice on Friday revealed new government amendments to the pending Crime and Policing Bill, potentially limiting a planned ban on “step” content to apply only if adult performers role-play as minors.

Show More