Calif. Supreme Court to Decide Topless Club’s Jury Award

SAN FRANCISCO — California’s highest court has decided to review the extent of a city’s responsibility when it obtained a preliminary injunction against an adult cabaret but eventually lost its case.

Wednesday’s order focuses on a jury award of $1.4 million for damages incurred by the owner of San Bernardino’s The Flesh Club after the court ordered it to close down because the club violated a zoning ordinance and deemed it a public nuisance.

Manta Management Corp., the owners of the property, were issued a conditional use permit in 1993 for the operation of a nightclub to feature live, non-erotic entertainment and dancing in a commercial area.

A year later, the club was renamed and began featuring topless dancers.

The city attorney promptly brought an action alleging the topless club constituted a public nuisance, seeking to abate it through preliminary and permanent injunctions. San Bernardino Superior Court Judge Carl Davis granted the city’s motion for preliminary injunction and ordered Manta to cease topless performances.

Manta appealed the order granting the preliminary injunction and cross-complained against the city for declaratory relief and damages.

The cross-complaint included several state causes of action and a cause of action alleging that the “ordinances and code provisions and actions” of the city violated its civil rights under the federal and state constitutions.

Davis later ruled that the ordinance was constitutionally invalid because it neither served a substantial governmental interest nor allowed for reasonable alternative avenues of free speech. He dissolved the preliminary injunction.

In the subsequent trial, a jury awarded Manta $1.4 million in damages for lost profits.

A California appeal court later sided with Manta and approved the damages claim against San Bernardino.

“Just as the act of seeking an injunction maliciously and without probable cause is a tort, so too is the act of seeking and obtaining an injunction to enforce an unconstitutional ordinance,” Judge Art W. McKinster said.

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

FSC: California's Device-Based AV Law Does Not Apply to Adult

The Free Speech Coalition (FSC) put out an advisory today explaining that California's new device-based age verification law does not apply to adult websites.

Ohio AG Threatens Action Against 'Major' Adult Sites Over AV Law

Ohio Attorney General Dave Yost announced today that his office is sending "notice of violation" letters to 19 adult websites for failure to comply with the state's recently enacted age verification law.

Ukrainian Content Creators on Hook for Nearly $10M in Back Taxes

Content creators in Ukraine owe the equivalent of $9.3 million in back taxes, according to the country's State Tax Service.

Updated: European Patent Office Board of Appeals Revokes EIS GmbH Patent

The European Patent Office (EPO) Board of Appeals last week ruled in favor of pleasure brand LELO in the company's ongoing dispute with Satisfyer parent company EIS GmbH.

Update: Pornhub Will Not Block Ohio, Despite AV Law

Pornhub parent company Aylo will not block access to its websites in Ohio, despite new state age verification rules that came into effect Sept. 30.

Judge Dismisses Some Claims in 'Children of Pornhub' Trafficking Suit

A United States district judge on Friday dismissed some but not all claims against Aylo in a long-running case involving CSAM allegations featured in the influential 2020 New York Times article “The Children of Pornhub.”

Arcom to Expand AV Enforcement to Smaller Adult Sites

The president of French media regulator Arcom revealed on Thursday that the agency plans to escalate its enforcement of age verification rules to include smaller adult sites, starting in late 2025 or early 2026.

Pornhub to Shut Down Access in Arizona Over Age Verification

Aylo will geoblock Pornhub across Arizona starting Sept. 26, when the state’s age verification law, HB 2112, goes into effect.

French Telecoms Mogul Ignites AV Firestorm With Free VPN, Sarcastic Tweet

French billionaire Xavier Niel, founder of telecommunications giant Iliad, sparked a heated debate this week when he appeared to admit that the company's Free Mobile wireless carrier integrated no-cost VPN into its service specifically to circumvent age verification restrictions on adult content.

UPDATED: Michigan Legislators Propose Online Porn Ban

Michigan lawmakers have introduced a bill that would make it illegal to distribute pornography via the internet in the state.

Show More