City rules for licensing stores selling adult videos and publications were called unconstitutional by the 9th U.S. Circuit Court of Appeals for the second time in sixteen months.
This despite changes made in response to the circuit court's first ruling, according to the Associated Press. The court ruled Las Vegas still fails to guarantee prompt judicial ruling when a business owner appeals denial of a license. The ruling was 2-1 Friday.
The U.S. Supreme Court has said local governments can license sex-oriented businesses but the First Amendment requires the right to judicial review and a speedy decision.
Las Vegas's ordinance was challenged by Hot Stuff, a store which closed in 1997 after the city turned down a license. The 9th Circuit Court let Hot Stuff reopen, ruling in September 1998 that Las Vegas's ordinance didn't set time limits for a judge to rule on appealing such a turndown. Las Vegas amended the ordinance to a 30-day appeal, allowing a store to reopen temporarily, but the circuit court says the deadline doesn't start until the owner submits a full application and complies with local health, zoning, fire, and safety standards.
The ordinance sets no time limit for local authorities to decide whether those standards have been met, so it still fails to guarantee a speedy decision, the 9th Circuit Court ruled.
