Fantasyland Video v. County of San Diego
Opinion
Opinion
statement of facts and explanation.
II. Statement of Facts
In June 2002, the San Diego County Board of Supervisors adopted a comprehensive set of regulations and licensing pro- cedures for adult entertainment establishments within its juris- diction. The ordinances took effect the following month.
Fantasyland Video, Inc. operates an adult arcade, book- store, novelty shop, and video store in the Spring Valley area of San Diego County. It initiated federal and state constitu- tional challenges against the new ordinances, seeking declara- tory and injunctive relief. On appeal, Fantasyland disputes, among other things, the County’s requirement that adult- orientated businesses shut down between 2:00 am and 6:00 am. FANTASYLAND VIDEO v. COUNTY OF SAN DIEGO 9421
III. Explanation of Certification
We must resolve the appellants’ state constitutional claims first. See Kuba v. 1-A Agric. Ass’n, 387 F.3d 850, 856 (9th Cir. 2004). If the California Constitution provides an indepen- dent basis for relief, it will be unnecessary to address their claims under the First Amendment.
Identification of the proper standard of review under state law will likely determine the…