World Wide Video of Washington, Inc. v. City of Spokane

This appeal raises two questions. First, whether the City of Spokane’s ordinances regulating the location of adult-oriented retail businesses (“adult stores”) are constitutional. Second, whether an amortization period is required in this context and, if so, whether a reasonable amount of time was allotted for World Wide Video of Washington, Inc. (‘World Wide”), to either relocate its stores or change the nature of its retail operations. Because the record reveals no genuine issue of material fact regarding either of these issues, we affirm the district court’s summary judgment for Spokane.

I

In the late 1990s, city leaders in Spokane grew concerned with the opening of several adult stores in residential areas. To develop a legislative response to this situation, the City compiled information— specifically, studies from other municipalities, relevant court decisions, and police records — documenting the adverse secondary effects of adult stores.

On November 29, 2000, Spokane’s Plan Commission held a public hearing to consider amending the Municipal Code to combat these documented secondary effects. At this hearing, the City Attorney’s office presented the legislative record and…