9th Circuit Rules on L.A. Adult Ordinance Case

PASADENA, Calif. — A federal appeals panel has reversed a lower court’s ruling over the city of Los Angeles' attempts to prohibit adult bookstores from operating in the same building as video arcades.

The 9th U.S. Circuit Court of Appeals reversed a lower court's granting of summary judgment to Alameda Books and Highland Books, two adult bookstores with video arcades that are now joined under the corporate name Beverly Books.

Alameda and Highlands sued the city of Los Angeles in 1995 for freedom-of-speech violations after officials attempted to enforce an ordinance prohibiting combination adult bookstores and video arcades. The ordinance was passed by city council in 1983 to disperse adult-entertainment businesses from Hollywood, Calif., and its purported high crime rates.

The case has seen its days traveling from one courthouse to another, from U.S. District Court to the 9th Circuit to the U.S. Supreme Court, where justices in 2002 decided the limits of a city's power to force adult-themed businesses to be dispersed instead of concentrated in one area.

On Friday, the 9th Circuit reconstitued the case, finding that the lower court, in ruling on the case for the second time, had considered evidence in favor of the bookstores that was obviously biased and unsupported.

To show that stand-alone bookstore and video-arcade portions of the businesses could not survive if forced apart, Alameda and Highland offered the nearly identical testimony of two longtime adult-entertainment industry mavens, William Andrus and Rick Hinckley, both of whom had close ties to the plaintiffs, according to the ruling.

At the time, Andrus and Hinckley testified that separate adult video arcades are virtually nonexistent in the industry.

But the appeals court, meeting at its Pasadena, Calif., chambers, was unconvinced with the testimony, calling the lower court's willingness to overlook the witnesses' bias "a significant oversight."

"Although we have interpreted the Supreme Court’s Alameda Books decision on several occasions, we have yet to hold that a plaintiff has succeeded in 'casting doubt' on the city’s evidence or rationale," the 9th Circuit said in its ruling.

"We are not satisfied that the plaintiffs’ evidence in this case was 'actual and convincing' enough to justify summary judgment — and we emphasize that the procedural posture here was summary judgment," the ruling said.

The panel, 3-0, reversed the lower court's granting of summary judgment in favor of the plaintiffs and remanded the case, once again, back to U.S. District Court.

Attorney Clyde DeWitt, who represented Alameda and Highland, told XBIZ he will seek rehearing.

. "The court reversed the summary judgment in our favor and ordered the case to remanded to the district court for trial," he said. .

The case is Alameda Books Inc. vs. City of Los Angeles, No. 09-55367.

Copyright © 2024 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

Lioness Launches 'Sexperiments' Project

Sextech pleasure brand Lioness is launching a new, monthly project, "Sexperiments," to study various aspects of female sexuality.

Oxballs Debuts 'Glowsling' LED Cocksling

Oxballs has introduced its new Glowsling light-up LED cocksling.

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Holiday Products Signs Distro Deal With Emojibator

Holiday Products has signed a distribution deal with pleasure brand Emojibator.

SWPA to Hold Facebook Live Event Next Month

The Sexual Wellness Professionals Alliance (SWPA) will be holding a Facebook Live event on May 1 at 6 p.m. (PDT).

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

Honey Play Box Signs Canadian Distro Deal With EP Products

Honey Play Box has signed a deal with Canadian distributor EP Products.

Cherie DeVille Discusses Doc Johnson Collabs in Vice TV's 'Sex Before the Internet'

2023 XBIZ Performer of the Year Cherie DeVille is featured on Vice TV’s “Sex Before the Internet,” discussing her Doc Johnson celebrity strokers in the episode “Sex Toy Empire.”

Show More