SANTA MARIA, Calif. - A recent federal court decision will allow a local adult video store to convert its inventory of adult-oriented items from twenty five percent to one hundred percent. Diamond Video World opened its doors in 2003, a month before the city adopted a zoning ordinance that would have effectively prohibited the shop from doing business at its current location, at more than the twenty five percent adult inventory cap.
A federal judge had previously granted the city an injunction to enforce a zoning restriction that banned adult businesses in certain areas. Owner Steve Diamond won his appeal to reverse that decision, as well as a second motion to strike down a contempt of court ruling.
After the contempt of court ruling, Diamond changed the name of the business from Diamond Adult World, as well as the mix of merchandise, to keep from being designated an adult business.
The court ultimately found that Diamond Video World should not be required to conform to the zoning restrictions due to its opening date.
The city may appeal the ruling to the U.S. Supreme Court.
"We think that the city should not go to the U.S. Supreme Court," Diamond told the Santa Maria Times. "But if the city should do that, we would certainly file opposition with the Supreme Court and ask them not to take the case. The question would be, 'How much money would the taxpayers be willing to pay to do that?'"
"Steve Diamond is very charitable in the sense that he is not going to try and take advantage of this ruling in any way," Diamond's attorney, Roger Jon Diamond (no relation), told the Santa Maria Times. "So he's not trying to rub this in their face; he's simply exercised his right to go to court to protect his rights. He should be praised for going to the legal process to win. He wants to work with the city officials if there ever was a problem in the store.
"The real story is that after the whole fight, he was able to still operate by selling twenty five percent [adult material] and was not required to keep kids [under 18] out," he added. "But because he was a good citizen, he didn't take advantage of that."
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