EVERETT – In a ruling that could open the way toward restrictions on adult video stores in Everett, a federal appeals court in San Francisco has ruled that Spokane did not violate the U.S. Constitution when it passed a law limiting the location of sex-oriented retail stores.
A group called Zone Porn has been lobbying the Everett City Council to bar adult retail stores from locating near schools, day care centers, residential areas, parks and religious buildings. The group also wants the city to force existing stores to relocate.
The group was created after Taboo Video opened in March just off Everett Mall Way next to a home and across the street from a day care center.
The 2001 Spokane ordinance limited where adult businesses can locate and required six of the existing seven adult stores to relocate. In 2002, three adult video stores sued Spokane on First Amendment and property-rights grounds.
The 9th Circuit Court of Appeals on May 27 ruled that Spokane has a right to restrict the location of adult stores to regulate “undesirable secondary effects.” In this case, Spokane residents complained about pornographic litter near the stores.
In April, the Everett City Council rejected a proposal for a moratorium on new adult-oriented video outlets and bookstores after police released a report concluding that adult stores did not appear to cause crime problems. Council members also wanted to wait for a ruling on the Spokane ordinance.
City Attorney Jim Iles said Wednesday he needs to review the 9th Circuit Court of Appeals decision before commenting on it.
Gordy Linstrom, who lives next to Taboo Video, praised the court decision and told City Council members at Wednesday morning’s council meeting that it should open the way for restrictions in Everett.
The Associated Press contributed to this report.
Reporter David Olson: 425-339-3452 or dolson@heraldnet.com.
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