E.W.A.P., Inc. v. City of Los Angeles

Appellant E.W.A.P., Inc. (also known as Erotic Words/Pictures, Inc.), appeals from the trial court’s denial of its petition for writ of mandate. The primary question presented by this case is whether the application of a municipal ordinance designed to abate nuisances was improperly enforced against an adult bookstore. We hold that it was not, and affirm the judgment.

Contentions

Appellant contends that (1) the trial court erred in deciding that Los Angeles Municipal Code (LAMC) chapter I, article 2, section 12.21A-15 is constitutional; (2) it was denied a fair trial in the administrative proceedings due to lack of sworn testimony, denial of cross-examination, and admission of legally incompetent evidence; (3) the trial court erred in not applying the independent judgment test to judicial review of the administrative decision; (4) the findings of the associate zoning administrator and the board of zoning appeals are not supported under the independent judgment or the substantial evidence test; and (5) the board of zoning appeals erred in further reducing appellant’s hours of operation.

Facts and Procedural Background

Appellant has owned and operated Le Sex Shoppe…