Antonello

Plaintiffs appeal from a judgment declaring valid a city ordinance regulating the construction and operation of “peep show establishments.”

Plaintiffs own and operate arcades in the City of San Diego, known as “peep show establishments,” exhibiting motion pictures observed in a viewing booth, through a small aperture, upon deposit of a coin. The City Council of San Diego, on July 16, 1968, enacted Ordinance No. 9845NS which prescribes standards of construction, maintenance and operation of peep show places of business ; declares the intent and purpose of the council is to regulate the operation of peep shows “for the protection of the public from the perils of fire, hazards to health, and for the preservation of the peace of the community”; requires the use of “not less than one hour fire-resistive material” in the construction of all walls or partitions of rooms or booths, the aisles in any room in which a peep show device is located shall be not less than 42 inches in width, the light level in all rooms shall be not “less than ten (10) foot candles at floor level,” and in every room in which a peep show device is located there shall be not less than two lighted exits…