Gammoh

This case involves constitutional challenges to a city ordinance requiring “adult cabaret dancers” to remain two feet away from patrons during performances. The district court rejected these challenges by dismissing some of the Appellants’ claims on the pleadings and granting summary judgment as to other claims. We denied emergency motions for a stay of enforcement of the Ordinance pending appeal and now affirm.

I

The City of La Habra’s (City’s) Municipal Ordinance 1626 (“Ordinance”) regulates adult businesses. The first section of the Ordinance contains extensive findings that adult businesses generate crime, economic harm, and the spread of sexually transmitted diseases. These findings are based on studies and police declarations from other jurisdictions, federal and state judicial opinions, and public health data from surrounding southern California counties. Ordinance, § 1. Other sections of the Ordinance contain regulations purporting to address the secondary effects described in the first section, including a prohibition of physical contact between patrons and performers (the “no-touch rule”) and a requirement that adult cabaret dancers perform at least two feet away from…