Adult Store Wins in Vegas

oriented businesses. Make that "had" a law, as in past tense. The 9th U.S. Circuit Court of Appeals ruled recently the Las Vegas law was an unconstitutional prior restraint on free speech because it did not guarantee a quick right of appeal to those who were denied a license. \n In this case, the victory went to Baby Tam, which asked the city for a license in January 1997. Baby Tam operated a store named Hot Stuff, which had an inventory that included adult videos and sex toys but it also stocked general tourist merchandise, such as gag gifts and T-shirts and other videos. \n A Las Vegas statute limits where adult businesses can be located. It also defines adult businesses as stores in which at least 51 percent of the merchandise is related to sexual conduct. \n Owners of Hot Stuff said only 30 percent of store inventory had to do with sexual conduct. On that basis, Baby Tam received a temporary permit to operate in an area that would have been off-limits for adult businesses. In all, Baby Tam got three temporary permits. \n Before the last of these permits expired, city employees visited Hot Stuff and decided that, contrary to what the owners claimed, it was an adult business. The store was ordered closed by Oct. 29, 1997. The day before, Baby Tam filed a federal suit challenging the license law, Baby Tam & Co., Inc. v. City of Las Vegas. \n After a federal district court denied the store a temporary injunction, Baby Tam appealed to the circuit court of appeals. At that level, the court ruled that, in order for Las Vegas to have a law that restricts licenses to adult businesses, it also must provide a timetable for a quick review. \n The city said the law let unsuccessful applicants take their case to Nevada state courts and that was fast enough. The federal appeals court disagreed because the state court was not required to issue a ruling in any certain amount of time. \n The issue of a timely appeals process has been decided in different ways by different appeals courts. Ultimately, it will like take a decision of the U.S. Supreme Court to impose a uniform set of guidelines on the process. \n The 9th Circuit U.S. Court of Appeals ordered the federal district court to grant a permanent injunction to stop Las Vegas from enforcing the law. As a result, Hot Stuff can continue to operate in its current location.