Doe
Doe v. City of San Diego
Opinion
Lead Opinion
Honlorenz, J.
ORDER (1) GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS; AND (2) GRANTING LEAVE TO AMEND
Pending before the Court is Defendants’ Motion to Dismiss Plaintiff’s First Amended Complaint. Plaintiff filed an opposition and Defendants replied. The Court decides this matter on the briefs without oral argument. See Civ. L. R. 7.1(d.l). For the reasons stated below, Defendants’ motion is granted in part and denied in part. 1 Plaintiff is granted leave to amend.
I. Background
In San Diego, adult entertainment establishments are regulated by the Police Department. (First Amended Complaint (“FAC”) Ex. 1 (San Diego Municipal Code (“SDMC”) § 33.3601).) A police permit is required to operate an adult entertainment establishment or perform as an adult entertainer. SDMC §§ 33.3603 & 33.3604. Section 33.0103 confers authority on police officers to inspect police-regulated businesses, including adult entertainment establishments:
(Emphases (denoting terms defined elsewhere in the Ordinance) omitted.)
*1159 Ostensibly based on § 38.0103, on July 15, 2013, armed police officers wearing bullet proof vests raided Cheetahs, an adult entertainment establishment in San Diego,…