A federal judge has ruled against San Diego city officials who tried to close an adult book store, saying the city’s efforts were unconstitutional.
United States District Court Judge Irma Gonzalez ruled last Friday that the city illegally tried to close G&B Emporium on Main Street in the Barrio Logan section of the city, the Union Tribune reported. Officials claimed that the adult store was in violation of a city ordinance that requires adult shops to be at least 1,000 feet from residential areas, schools, churches, parks and other public facilities.
The decision involves a lawsuit filed by George Isbell Jr. over the city's efforts to try to close down his stare, dating back to 1997.
Roger Diamond, who represented Isbell, said that the city needed to establish that other businesses in the area were meeting the demand for adult materials, but that they failed to do so.
Isbell, who bought the building in 1997 had applied for a zoning variance to operate his store legally but had been denied. Diamond said he plans to recover more than $500,000 in legal fees from the city for the years it took for the case to be adjudicated.
