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Property Law Keyed to Kurtz
City of Los Angeles v. Alameda Books, Inc.
Citation:
535 U.S. 425, 122 S.Ct. 1728, 152 L.Ed.2d 670 (2002)Facts
In 1977, the City of Los Angeles conducted a comprehensive study of adult establishments and found that concentrations of such businesses were associated with higher rates of crime in surrounding communities. Based on this study, the city enacted an ordinance requiring dispersal of adult businesses. In 1983, the city amended the ordinance to prohibit the operation of more than one adult entertainment business in the same building. Respondents, Alameda Books and Highland Books, each operated both an adult bookstore and an adult video arcade in the same building. After a city building inspector found that Alameda Books was operating in violation of the ordinance, the respondents sued under 42 U.S.C. § 1983, alleging that the ordinance violated the First Amendment. The District Court granted summary judgment to respondents, finding that the city’s prohibition was a content-based regulation that failed strict scrutiny. The Court of Appeals affirmed, holding that even if the ordinance were content-neutral, the city failed to demonstrate that its regulation of multiple-use establishments was designed to serve its substantial interest in reducing crime.
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