Spokane’s Sweeping Adult Ordinances OK'd

SAN FRANCISCO – In a setback for adult brick-and-mortar stores, a federal appeals court ruled Thursday that the city of Spokane’s ordinances regulating existing locations of those businesses are constitutional.

The 9th U.S. Circuit Court of Appeals decided that the city can impose rules on the location of adult businesses by requiring set-back requirements, which prevent them from existing in close proximity to most land-use categories, with the exception of some industrial and commercial properties.

Passed in 2001, Spokane’s amended ordinances state that all adult businesses can’t be located within 750 feet of libraries, churches schools and other adult businesses.

But the ordinances go further: They also outlaw the businesses within 750 feet of residential homes, apartment buildings and farmland.

The ordinances give existing adult businesses one year to either relocate or change the nature of their operations.

“[M]unicipalities are allowed to keep the pig out of the parlor by devising regulations that target the adverse secondary effects of sexually oriented adult businesses,” Judge Richard C. Tallman wrote for the court. “This is precisely what Spokane did when it enacted the ordinances.”

The case involves World Wide Video, which has four stores in the Spokane area that sell all types of adult products, from DVDs to books to adult toys.

Three of the stores are affected by the ordinance, World Wide’s manager Dennis Derizzo told XBiz. World Wide has been in the Spokane area for 21 years.

The company’s attorney, Gilbert H. Levy of Seattle, was unavailable for comment.

In the case, World Wide also took issue with another part of the ordinances, which spelled out what defines an adult store.

The court said that the language of the ordinance had nothing to do with the determination whether adult material constitutes a “significant or substantial” portion of a store’s stock.

“[I]n attempting to extend its right to operate at its present locations, World Wide was afforded – and has availed itself of – the full panoply of due process rights,” Tallman wrote. “We conclude that World Wide received all the process it was due.”

The case is World Wide Video of Washington Inc. vs. City of Spokane, No. 02-35936.

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

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

SCOTUS Won't Hear Appeal of NYC Adult Store Zoning Law

The U.S. Supreme Court has declined to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Tenga Marks 20th Anniversary With New 'Flip 360' Strokers

Pleasure brand Tenga is celebrating its 20th anniversary with the debut of its new Flip 360 stroker sleeves.

Wellness Brand 'Aia*' Launches

The wellness brand Aia* has officially launched.

Orion Debuts 5 New Styles From 'Cottelli Party' Line

Orion Wholesale has expanded its Cottelli Party line with five new styles.

OnlyFans Institutes Criminal Background Checks for US Creators

OnlyFans will screen creators in the United States for criminal convictions, CEO Keily Blair has announced in a post on LinkedIn.

Honey Play Box, Dildos Assorted Ink European Distro Deal

Honey Play Box has signed a deal with Dildos Assorted (DA) for distribution throughout Southern Europe.

Calvista, Lovense Sign Exclusive Australia/New Zealand Distro Deal for 'Spinel'

Calvista has signed an exclusive Australian and New Zealand distribution deal for Lovense's Spinel thrusting and heating dildo.

Blush Introduces 'Riana' Vibe

Blush has debuted the Riana vibrator.

Show More