City of Littleton, Colorado v. Z. J. Gifts D-4, L. L. C., a Limited Liability Company, Dba Christal's (541 U.S. 774)
U.S. Supreme Court · decided June 7, 2004 · Supreme Court Database (Spaeth)
- Citation
- 541 U.S. 774 · 124 S. Ct. 2219
- Decided
- June 7, 2004
- Term
- October Term 2003
- Vote
- 9–0
- Majority author
- Justice Breyer
- Issue area
- First Amendment
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice Breyer delivered the opinion of the Court. In this case we examine a city’s “adult business” licensing ordinance to determine whether it meets the First Amendment’s requirement that such a licensing scheme assure prompt judicial review of an administrative decision denying a license. See FW/PBS, Inc. v. Dallas, 493 U. S. 215 (1990); cf. Freedman v. Maryland, 380 U. S. 51 (1965). We conclude that the ordinance before us, considered on its face, is consistent with the First Amendment’s demands. I Littleton, Colorado, has enacted an “adult business” ordinance that requires an “adult bookstore, adult novelty store or adult video store” to have an “adult business license.” Littleton City Code §§3-14-2, 3-14-4 (2003), App. to Brief for Petitioner 13a-20a, 23a. The ordinance defines “adult business”; it requires an applicant to provide certain basic information about the business; it insists upon compliance with local “adult business” (and other) zoning rules; it lists eight specific circumstances the presence of which requires the city to deny a license; and it sets forth time limits (typically amounting to about 40 days) within which city officials must reach a final licensing decision. §§3-14-2, 3-14-3, 3-14-5,3-14-7,3-14-8, id., at 13a-30a. The ordinance adds that the final decision may be “appealed to the [state] district court pursuant to Colorado rules of civil…
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