Meyers Nave Helps City of Santa Fe Springs Uphold Adult Entertainment Businesses Regulations

Santa Fe Springs, CA – On January 9, 2009, the Second District Court of Appeal in Los Angeles issued an opinion affirming in full a Los Angeles Superior Court judgment requiring a local strip club to stop violating the City of Santa Fe Spring’s adult entertainment business regulations and zoning restrictions.

Associate Justice Frances Rothschild authored the Court’s opinion. The City of Santa Fe Springs was represented in this case by Meyers Nave attorneys Deborah Fox and Gregory Newmark.

Since 1979, the City of Santa Fe Springs has required that adult businesses be located in Community Commercial C-4 Zones. In 2006, however, Foxz Corporation applied for and received a permit to open a fully nude adult entertainment venue, known as Spicy’s, within an area not zoned as such. Spicy’s opened for business in July 2006, and two months after opening its doors, a nearly fatal shooting occurred inside the venue. In March of 2007, a knife attack occurred just outside Spicy’s.

The City determined that Foxz was in violation of zoning laws and issued two cease and desist orders, but Foxz refused to comply. In order to enforce zoning compliance and to protect its citizens from further anti-social behavior at Foxz, Santa Fe Springs filed a lawsuit in Superior Court seeking an injunction preventing Foxz from operating an adult business in an unlawful zone. Foxz argued that the City’s adult business regulations were allegedly unconstitutional infringements of the First Amendment rights to free expression. After a bench trial, the Superior Court disagreed and ruled in the City’s favor. Spicy’s closed by court order on April 14, 2008. Foxz’s appeal of this decision was unsuccessful, thanks to Meyers Nave’s team.

“Adult businesses often attempt to use the First Amendment as an excuse for violating local land use regulations,” commented Meyers Nave attorney Deborah Fox. “By rejecting Foxz’s appeal, the Court affirmed that adult businesses, like all businesses, must comply with local zoning regulations.”

About Meyers Nave

Founded in 1986, Meyers Nave is a law firm recognized for its work with all types of public entities in California and provides the full scope of legal services to cities, counties, redevelopment agencies and special districts statewide. Meyers Nave’s areas of practice include labor/employment; torts; redevelopment; city attorney/general counsel representations; eminent domain; litigation; writs and appeals; public contracts and land use; and environmental law.

Contact:

Deborah Fox
Meyers Nave
(510) 808-2000
dfox@meyersnave.com