United States Ninth Circuit

In a suit brought by adult entertainment establishments challenging a zoning ordinance governing the operation of such businesses in unincorporated portions San Diego county, a decision upholding the ordinance's hours restriction and open-booth requirement is affirmed as: 1) the district court correctly found that the hours-of-operation restriction survived intermediate scrutiny under the state constitution; and 2) the requirement of open booths at peep shows does not violate the First Amendment as it was supported by evidence of a nexus between closed booths and adverse secondary effects, and the ordinance was narrowly tailored.

Appellate Information

• Argued 07/11/2007
• Decided 10/15/2007
• Published 10/15/2007

Judges

• SILVERMAN, Circuit Judge:, Before: BARRY G. SILVERMAN, W. FLETCHER, and RICHARD R. CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Clyde DeWitt, Weston, Garrou, DeWitt, & Walters, Los Angeles, CA, for plaintiff-appellant., Scott D. Bergthold, Chattanooga, TN, for the amicus.


• For Appellees:
  
• Thomas D. Bunton and John J. Sansone, County Counsel, San Diego, CA, for the defendant-appellee.