HomeMy WebLinkAboutAgenda Report - August 18, 1999 E-17CITY OF LODI Couivcn. COMMUNICATION
AGENDA TITLE: Request to Support Request for Supreme Court Review in
the Case of Gammoh v. City of Anaheim
MEETING DATE: May 18, 1999
PREPARED BY: City Attorney
RECOMMENDATION: The City join the request to the Supreme Court to review
the case of Gammoh v. Cdv of Anaheim.
BACKGROUND: On June 29, 1999 the California Court of Appeal, Fourth Appellate
District published its opinion in this case. This published opinion
virtually eliminates a California city's ability to enforce the location
requirements in their sex -oriented business zoning ordinances without risking civil rights liability. No longer
may a city deny a permit to a sex -oriented business simply because the business proposes to locate within
a prescribed distance from residentially zone property. The Gammoh decision now requires cities to
undertake a case by case analysis of the facts in every application of the City's sex -oriented business
ordinance in order to determine whether and to what extent the residential property in close proximity to
the sex -oriented business will in fact be adversely affected by the operation of the sex -oriented business.
This decision directly conflicts with well-established law by requiring the City to engage in a subjective
judgment intensive analysis, which constitutes an unconditional prior restraint.
The City of Anaheim is seeking support in its attempt to obtain Supreme Court review of the Court of
Appeal's decision. Allowing the Court of Appeal's decision to remain places the City in a position of
engaging in highly speculative judgment intensive case by case analysis which have been declared to be
an unconstitutional prior restraint under previous decided cases.
FUNDING: Not applicable.
Respectfully submitted,
Ran all A. Hays, City Att ney
APPROVED:
H. on F nn -- City M nager