Deja Vu-Everett-Federal Way, Inc. v. City of Federal Way

MEMORANDUM **

Deja Vu-Everett-Federal Way, Inc. (“Deja Vu”) operated an adult cabaret in the City of Federal Way, Washington (“Federal Way”). In 1999, Federal Way enacted a zoning ordinance regulating adult uses, which rendered Deja Vu’s business a non-conforming use. This would require Deja Vu to shut down, change, or move its operation. Deja Vu sued Federal Way for violations of constitutional rights. The district court rejected Deja Vu’s claims, and Deja Vu appeals the district court's grant of summary judgment in favor of Federal Way.

Deja Vu first claims that the 1999 regulations violated its First Amendment rights because Federal Way had not shown that the then-existing zoning regulations had proven ineffective at curbing the secondary effects of adult uses. The Supreme Court has granted flexibility to city governments to protect their communities from the secondary effects of protected adult speech. See, e.g., City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 , 106 S.Ct. 925 , 89 L.Ed.2d 29 (1986). City governments may safely rely on the experiences and studies of other cities when regulating adult uses. See City of Erie v. Pap’s AM., 529 U.S. 277, 296-97 , 120 S.Ct.…