Santa Fe Springs Realty Corp. v. City of Westminster

MEMORANDUM OF DECISION AND ORDER

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

1. FACTUAL BACKGROUND

The plaintiff in this case, Santa Fe Springs Realty Corporation, is currently operating an adult cabaret (“Scamps”) at 7000 Garden Grove Boulevard in the City of Westminster (“the City”). The plaintiff filed the present action after the City refused to issue a conditional use permit (“CUP”) for the plaintiffs adult cabaret.

The complaint alleges that the presentation of topless dancing is a form of expression protected by the First Amendment of the United States Constitution and that the City of Westminster impinged upon the plaintiffs First Amendment rights when it denied the CUP application.

The City of Westminster regulates adult businesses through Chapter 17.57 of the Westminster Municipal Code. The City’s current adult use ordinances, which have been amended several times, were enacted after another individual (Theron Smith) sought to open an adult cabaret at 7132 Garden Grove Boulevard in the City of Westminster.

At the time when Smith attempted to open his adult cabaret, an urgency ordinance was in effect which banned all adult businesses within the City limits. See…