Strand Property Corp. v. Municipal Court

Strand Property Corporation, Jimmie Johnson, Charles Boeckman and Freddie Bantu were charged by a complaint with violating San Diego Municipal Code (Code) section 101.1810, which prohibits “the establishment ... or transfer of ownership or control of” an adult motion picture theater within 1,000 feet of a residential zone, a church, school, public park, social welfare institution, or another adult entertainment business.

An “adult motion picture theater” is defined by the Code as “[a]n establishment ... in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of ‘specified sexual activities’ [defined in § 101.0801.2 ] or ‘specified anatomical areas’ [defined in § 101.1801.1 ] for observation by patrons.” (Code § 101.1801.4, as amend. 1/2/79 by Ord. 12539 N.S.; see now § 101.1801.3, subd. B, as amend. 9/13/82 by Ord. 0-15810 N.S.)

By demurrer in municipal court, Strand challenged the ordinance for violating the First Amendment and for unconstitutionally establishing a monopoly for existing businesses. The municipal court overruled Strand’s…