Doe

Doe v. City of San Diego

Good Law
313 F. Supp. 3d 1212
United States District Court, Southern District of CaliforniaMarch 16, 2018Case No.: 14cv1941–L(AGS); Case No.: 14cv1942–L(AGS)California4,620 words

Opinion

Lead Opinion

Lorenz, J.

Pending before the Court are Plaintiffs' motions for partial judgment on the *1216 pleadings. The motions, filed in the above-captioned related cases, are identical. Defendants filed oppositions and Plaintiffs replied. The Court decides this matter on the briefs without oral argument. See Civ. L. R. 7.1(d.1). For the reasons stated below, Plaintiffs' motions are granted in part and denied in part.

I. BACKGROUND

Plaintiffs were entertainers at Cheetahs and Expose, adult entertainment establishments in San Diego. Adult entertainment establishments are regulated by the San Diego Police Department. San Diego Municipal Code ("SDMC") § 33.3601. 1 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 (the "Inspection Provision") confers authority on police officers to inspect police-regulated businesses, including adult entertainment establishments. ( See also First Am. Compl., 14cv1941, doc. no. 21 ("Doe Compl.") at 5-6; Second Am. Compl., 14cv1942, doc. no. 24 ("Tanya A. Compl.") at 6.)

According to Plaintiffs, ostensibly based on the Inspection Provision, on July 15, 2013 and…

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