Tollis Inc. v. County of San Diego

I. Background

In June 2002, citing to concerns about the surrounding neighborhood, the San Diego County Board of Supervisors adopted a comprehensive set of regulations and licensing pro- cedures governing adult entertainment establishments within its jurisdiction. The ordinances took effect the following month.

1560 N. Magnolia Ave., LLC, using property leased from Tollis, Inc., operates an adult bookstore in the Bostonia neigh- borhood of the county under the name “Déjà Vu.” These busi- nesses (hereinafter, “Déjà Vu”) initiated federal and state constitutional challenges against the new ordinances, seeking declaratory and injunctive relief.

The district court granted summary judgment to the County, upholding the ordinance’s requirement that adult establishments locate only in industrial zones.2 See Fantasy- land Video, Inc. v. County of San Diego, 373 F. Supp. 2d 1094, 1130-43 (S.D. Cal. 2005). The court also dismissed Déjà Vu’s state law claim under California Government Code § 65860, regarding conformance to the County’s general plan. Id. at 1129-30. Finally, the district court held that the Coun- ty’s permitting regime for adult establishments was unconsti- tutional…