HomeMy WebLinkAboutAgenda Report - November 1, 2000 E-09AGENDA TITLE: Request to Join in Amicus Brief Requesting Certiorari by
the United States Supreme Court in the case of Lim v. City
of Long! Beach, United States Court of Appeals, gch Circuit.
MEETING DATE: November 1, 2000
PREPARED BY: Randall A. Hays, City Attorney
RECOMMENDATION: The City join the Amicus Brief requesting Certiorari of the
United States Supreme Court in the case of Lim y. City of
Long Beach.
BACKGROUND: Amicus Briefs are filed in various actions, which involves matters of
wide-ranging concern to provide information and additional
argument to the Court in order to assist the Court in understanding
all of the issues and arrive at a conclusion.
This case involves a challenge to the City of Long Beach's Adult -Oriented Business Ordinance. The
predominant arguments in the challenge to the Ordinance deal with the question of what constitutes a good
faith effort on the part of the City to provide potentially available properties for the utilization of adult-
oriented businesses. The Ninth Circuit in this case has placed a much heavier burden on the City than has
thought to exist in the past relative to the establishment of viable spaces or properties for the location of
adult-oriented businesses. This current effort is being undertaken in order to convince the United States
Supreme Court that this is a case worthy of their consideration. The argument that will be made before the
Supreme Court if the case is accepted, is that the relevant market for sites does not require that sites be
unoccupied and camera ready for an existing adult use operator.
This case is important to cities since if heard, it will further define the obligations of a city relative to
providing available opportunities for the location of adult businesses in communities.
FUNDING: Not applicable.
Respectfully submitted,
4Ranall A. Hays, City Att hey
APPROVED:
D, on Flynn -- City Manager