City of Los Angeles v. Alameda Books, Inc.

15 Fla. L. Weekly Fed. S 267, 122 S. Ct. 1728, 152 L. Ed. 2d 670, 535 U.S. 425, 2002 Daily Journal DAR 5167, 2002 Cal. Daily Op. Serv. 4067, 2002 U.S. LEXIS 3424, 30 Media L. Rep. (BNA) 1769, 70 U.S.L.W. 4369
CourtSupreme Court of the United States
DecidedMay 13, 2002
Docket00-799
StatusPublished
Cited by466 cases

This text of 15 Fla. L. Weekly Fed. S 267 (City of Los Angeles v. Alameda Books, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Los Angeles v. Alameda Books, Inc., 15 Fla. L. Weekly Fed. S 267, 122 S. Ct. 1728, 152 L. Ed. 2d 670, 535 U.S. 425, 2002 Daily Journal DAR 5167, 2002 Cal. Daily Op. Serv. 4067, 2002 U.S. LEXIS 3424, 30 Media L. Rep. (BNA) 1769, 70 U.S.L.W. 4369 (U.S. 2002).

Opinions

[429]*429Justice O’Connor

announced the judgment of the Court and delivered an opinion,

in which The Chief Justice, Justice Scalia, and Justice Thomas join.

Los Angeles Municipal Code § 12.70(C) (1983), as amended, prohibits “the establishment or maintenance of more than one adult entertainment business in the same building, structure or portion thereof.” Respondents, two adult establishments that each operated an adult bookstore and an adult video arcade in the same building, filed a suit under Rev. Stat. § 1979,42 U. S. C. § 1983 (1994 ed., Supp. V), alleging that § 12.70(C) violates the First Amendment and seeking declaratory and injunctive relief. The District Court granted summary judgment to respondents, finding that the city of Los Angeles’ prohibition was a content-based regulation of speech that failed strict scrutiny. The Court of Appeals for the Ninth Circuit affirmed, but on different grounds. It held that, even if § 12.70(C) were a content-neutral regulation, the city failed to demonstrate that the [430]*430prohibition was designed to serve a substantial government interest. Specifically, the Court of Appeals found that the city failed to present evidence upon which it could reasonably rely to demonstrate a link between multiple-use adult establishments and negative secondary effects. Therefore, the Court of Appeals held the Los Angeles prohibition on such establishments invalid under Renton v. Playtime Theatres, Inc., 475 U. S. 41 (1986), and its precedents interpreting that case. 222 F. 3d 719, 723-728 (2000). We reverse and remand. The city of Los Angeles may reasonably rely on a study it conducted some years before enacting the present version of § 12.70(C) to demonstrate that its ban on multiple-use adult establishments serves its interest in reducing crime.

I

In 1977, the city of Los Angeles conducted a comprehensive study of adult establishments and concluded that concentrations of adult businesses are associated with higher rates of prostitution, robbery, assaults, and thefts in surrounding communities. See App. 35-162 (Los Angeles Dept. of City Planning, Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles (City Plan Case No. 26475, City Council File No. 74-4521-S.3, June 1977)). Accordingly, the city enacted an ordinance prohibiting the establishment, substantial enlargement, or transfer of ownership of an adult arcade, bookstore, cabaret, motel, theater, or massage parlor or a place for sexual encounters within 1,000 feet of another such enterprise or within 500 feet of any religious institution, school, or public park. See Los Angeles Municipal Code § 12.70(C) (1978).

There is evidence that the intent of the city council when enacting this prohibition was not only to disperse distinct adult establishments housed in separate buildings, but also to disperse distinct adult businesses operated under common ownership and housed in a single structure. See App. 29 [431]*431(Los Angeles Dept, of City Planning, Amendment — Proposed Ordinance to Prohibit the Establishment of More than One Adult Entertainment Business at a Single Location (City Plan Case No. 26475, City Council File No. 82-0155, Jan. 18, 1983)). The ordinance the city enacted, however, directed that “[t]he distance between any two adult entertainment businesses shall be measured in a straight line . . . from the closest exterior structural wall of each business.” Los Angeles Municipal Code § 12.70(D) (1978). Subsequent to enactment, the city realized that this method of calculating distances created a loophole permitting the concentration of multiple adult enterprises in a single structure.

Concerned that allowing an adult-oriented department store to replace a strip of adult establishments could defeat the goal of the original ordinance, the city council amended § 12.70(C) by adding a prohibition on “the establishment or maintenance of more than one adult entertainment business in the same building, structure or portion thereof.” Los Angeles Municipal Code § 12.70(C) (1983). The amended ordinance defines an “Adult Entertainment Business” as an adult arcade, bookstore, cabaret, motel, theater, or massage parlor or a place for sexual encounters, and notes that each of these enterprises “shall constitute a separate adult entertainment business even if operated in conjunction with another adult entertainment business at the same establishment.” § 12.70(B)(17). The ordinance uses the term “business” to refer to certain types of goods or services sold in adult establishments, rather than the establishment itself. Relevant for purposes of this case are also the ordinance’s definitions of adult bookstores and arcades. An “Adult Bookstore” is an operation that “has as a substantial portion of its stock-in-trade and offers for sale” printed matter and videocassettes that emphasize the depiction of specified sexual activities. § 12.70(B)(2)(a). An adult arcade is an operation where, “for any form of consideration,” five or fewer patrons together may view films or videocassettes [432]*432that emphasize the depiction of specified sexual activities. § 12.70(B)(1).

Respondents, Alameda Books, Inc., and Highland Books, Inc., are two adult establishments operating in Los Angeles. Neither is located within 1,000 feet of another adult establishment or 500 feet of any religious institution, public park, or school. Each establishment occupies less than 3,000 square feet. Both respondents rent and sell sexually oriented products, including videocassettes. Additionally, both provide booths where patrons can view videoeassettes for a fee. Although respondents are located in different buildings, each operates its retail sales and rental operations in the same commercial space in which its video booths are located. There are no physical distinctions between the different operations within each establishment and each establishment has only one entrance. 222 F. 3d, at 721. Respondents concede they are openly operating in violation of § 12.70(C) of the city’s code, as amended. Brief for Respondents 7; Brief for Petitioner 9.

After a city building inspector found in 1995 that Alameda Books, Inc., was operating both as an adult bookstore and an adult arcade in violation of the city’s adult zoning regulations, respondents joined as plaintiffs and sued under 42 U. S. C. § 1983 for declaratory and injunctive relief to prevent enforcement of the ordinance. 222 F. 3d, at 721. At issue in this case is count I of the complaint, which alleges a facial violation of the First Amendment. Both the city and respondents filed cross-motions for summary judgment.

The District Court for the Central District of California initially denied both motions on the First Amendment issues in count I, concluding that there was “a genuine issue of fact whether the operation of a combination video rental and video viewing business leads to the harmful secondary effects associated with a concentration of separate businesses in a single urban area.” App. 255. After respondents filed a motion for reconsideration, however, the District [433]*433Court found that Los Angeles’ prohibition on multiple-use adult establishments was not a content-neutral regulation of speech. App. to Pet.

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15 Fla. L. Weekly Fed. S 267, 122 S. Ct. 1728, 152 L. Ed. 2d 670, 535 U.S. 425, 2002 Daily Journal DAR 5167, 2002 Cal. Daily Op. Serv. 4067, 2002 U.S. LEXIS 3424, 30 Media L. Rep. (BNA) 1769, 70 U.S.L.W. 4369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-los-angeles-v-alameda-books-inc-scotus-2002.