Lim
Lim v. City of Long Beach
Opinion
Opinion
Paez, J.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER DISSOLVING PRELIMINARY INJUNCTION AND DIRECTING ENTRY OF JUDGMENT
I.
Introduction
Plaintiffs own and operate three adult book and video stores and a mini-theater in the City of Long Beach (the “City”) On October 18, 1994, the City enacted an Ordinance regulating the location of adult enter tainment establishments (the “1994 Ordinance”) Plaintiffs assert First Amendment' and Equal Protection challenges to the application of the 1994 Ordinance to their businesses. Plaintiffs allege that the 1994 Ordinance as applied to them violates the First Amendment because it impermissibly limits the number of alternative channels of communication for exercise of their free speech rights. Plaintiffs also contend that the Ordinance denies them the equal protection of the law because it forces nonconforming adult business to relocate or cease operating their businesses, while other nonconforming but non-adult businesses are permitted to remain indefinitely.
Having carefully considered all the evidence admitted at trial and the parties’ post-trial briefs, proposed findings of fact and conclusions of law, and post-trial oral arguments, the Court…