Adultworld Bookstore Dba Reliable Enterprises, Inc. v. The City of Fresno, a Municipal Corporation

Adultworld Bookstore, the operator of two adult bookstores, appeals the dismissal of its action challenging the constitutionality of a Fresno, California, zoning ordinance which, by restricting the locations in which adult bookstores can operate, would require Adultworld to close its bookstores. The district court denied Adultworld’s motion for a preliminary injunction and dismissed the action on abstention grounds. We reverse.

The zoning ordinance, adopted in April 1979, prohibits the operation of adult-oriented businesses within 1000 feet of a library, park, school, nursery, place of worship, or other existing adult use. Fresno Municipal Code § 12-306-N. See Ordinance Nos. 79-50, 84-54.

On the effective date of the ordinance, Adultworld closed its two bookstores. Other businesses which continued to operate in violation of the ordinance were subjected to criminal citations. As of that date, there were ten adult businesses in the City, of which only one lawfully could have continued operations under the ordinance.

Adultworld filed this action under 42 U.S.C. § 1983 and obtained a temporary restraining order against enforcement of the ordinance. Under the protection of the…