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.

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

Je Joue to Debut Expanded 'ILY' Collection at EroSpain

Je Joue will introduce several new products from its ILY collection at the EroSpain trade show next month in Barcelona.

Magic Silk Debuts 'Daffodil Dreams' Collection

Magic Silk has introduced its new Daffodil Dreams line of lingerie.

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.

Playboy Launches Model Search for Honey Birdette Lingerie Collab

Playboy has launched a global model search for the face of the company's exclusive collaboration with lingerie brand Honey Birdette.

Xgen Expands Distro Deal With East Coast News

Xgen Products has expanded its distribution deal with East Coast News (ECN), with the latter now carrying the Lapdance Lingerie and Envy Menswear lines.

Orion Debuts 'Beasty' Jumpsuits

Orion Wholesale has introduced its new Beasty Suits reptilian role-playing jumpsuits.

Eldorado to Host 'Virtual Elevation' Webinar With Lovehoney

Eldorado Trading will host its next "Virtual Elevation," a live, private webinar for retailers, featuring Lovehoney Group's John Marinello and Kim Card, and Eldorado Marketing Director Nathan Morimitsu, on April 23 at noon PDT.

Sportsheets Expands 'Shadow' Collection

Sportsheets has expanded the Shadow collection from its Sex & Mischief line of BDSM gear.

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.

COTR Acquires Together Brand

COTR, Inc. has acquired the assets and distribution rights of pleasure brand Together.

Show More