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Alameda Books, Inc. v. City of Los Angeles

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


March 9, 2009

ALAMEDA BOOKS, INC.; ET AL., PLAINTIFF,
v.
CITY OF LOS ANGELES, DEFENDANTS.

The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

FINAL JUDGMENT ORDER

[Motion filed on December 15, 2008]

IT IS HEREBY ORDERED THAT, pursuant to 28 U.S.C. § 2201, et seq., and 42 U.S.C. § 1983, the Court declares that section 12.70 of the Los Angeles Municipal Code, to the extent that it prohibits an "adult arcade" from being established or maintained in the same building, structure, or portion thereof, as an "adult bookstore," is unconstitutional, in violation of the First and Fourteenth Amendments to the United States Constitution.

IT IS FURTHER ORDERED THAT Defendant City of Los Angeles, its officers, employers and agents, and anyone working in concert with any of them, are permanently enjoined and restrained from enforcing section 12.70 of the Los Angeles Municipal Code to the extent that it prohibits an "adult arcade" from being established or maintained in the same building, structure, or portion thereof, as an "adult bookstore," against Plaintiffs, their officers, directors, owners, employees, agents, successors, or anyone acting in concert with any of them.

IT IS FURTHER ORDERED THAT each Plaintiff is a "prevailing party" as that term is defined and understood in connection with 42 U.S.C. § 1988.

IT IS FURTHER ORDERED THAT Plaintiffs recover of Defendant their costs in this action.

IT IS SO ORDERED.

20090309

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