Raymond Higbee William Crenshaw Alexander Smogyi Roger Dennehy v. City of San Diego Norman Hardman

Plaintiffs, sales clerks of “peep shows” located within the City of San Diego, filed this 42 U.S.C. § 1983 action against the City of San Diego and some of its police officers seeking damages for subjecting them to post-arrest custodial processing rather than releasing them in the field on their promises to appear in court. The district court granted defendants’ motion for summary judgment. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

FACTS AND PROCEEDINGS BELOW

In 1984, the City of San Diego enacted San Diego Municipal Code section 33.3317, which requires that “peep show establishments,” i.e., coin-operated movie arcades, be constructed so the complete interior of the arcade is visible upon entry. The same section prohibits partially or fully enclosed booths in a movie arcade. A violation of this law is a misdemeanor.

In early 1987, in an effort to enforce section 33.3317, police officials met with counsel for “F” Street Corporation, the operator of four stores covered by section 33.3317. The police advised “F” Street’s counsel that officers would inspect the stores and issue field release citations, pursuant to California Penal Code section 853.-6, to…