Diamond

Diamond v. City of Taft

Good Law

29 F. Supp. 2d 633·1998 WL 858191·1998 U.S. Dist. LEXIS 21443

United States District Court, Eastern District of CaliforniaOctober 30, 1998CV-F 95-5774 AWI DLBCalifornia11,799 words

Opinion

Ishii, J.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

In this action, the prospective owner of an adult bookstore challenges the constitutionality of a city zoning ordinance restricting locations in which sexually-oriented businesses may operate. Plaintiff Steven Diamond (“Diamond”) contends that the ordinance denies him the opportunity to engage in protected First Amendment activity within the City of Taft (“the City”). He seeks a permanent injunction against enforcement of the ordinance as well as monetary relief.

The court has jurisdiction over this case under 28 U.S.C. § 1331 .

The case was tried by the court, sitting without a jury, from January 14, 1998, through January 15, 1998. Closing arguments were heard on February 10, 1998. Roger J. Diamond, Esq., represented plaintiff and presented the testimony of Steven Pleasant (“Pleasant”), an expert witness, and plaintiff Steven Diamond. The City was represented by John D. Gibson, Esq. Expert witness Lloyd Zola (“Zola”) testified on behalf of the City,

The court • has considered the testimony and examined the exhibits, trial briefs and post-trial briefs offered by the parties, and now submits its Findings of Fact and Conclusions of…

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