ADULTWORLD BOOKSTORE v. CITY OF FRESNO

No. 84-2198.

758 F.2d 1348 (1985)

ADULTWORLD BOOKSTORE dba Reliable Enterprises, Inc., Plaintiff-Appellant, v. The CITY OF FRESNO, a Municipal Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 26, 1985.


Attorney(s) appearing for the Case

Roger Jon Diamond, Hecht, Diamond & Greenfield, Pacifica Palisades, Cal., for plaintiff-appellant.

Charles Brewer, Fresno, Cal., for defendant-appellee.

Before GOODWIN, HUG and SCHROEDER, Circuit Judges.


GOODWIN, Circuit Judge.

Adultworld Bookstore, the operator of two adult bookstores, appeals the dismissal of its action challenging the constitutionality of a Fresno, California, zoning ordinance which, by restricting the locations in which adult bookstores can operate, would require Adultworld to close its bookstores. The district court denied Adultworld's motion for a preliminary injunction and dismissed the action on abstention grounds. We reverse.

The...

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