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CITY OF NATIONAL CITY v. WIENER

Docket No. S020887.

3 Cal.4th 832 (1992)

838 P.2d 223

12 Cal. Rptr.2d 701

CITY OF NATIONAL CITY, Plaintiff and Appellant, v. STEVEN D. WIENER et al., Defendants and Respondents.

Supreme Court of California.

October 29, 1992.

Attorney(s) appearing for the Case

COUNSEL

George H. Eiser III, City Attorney, and Linda Kaye Harter, Assistant City Attorney, for Plaintiff and Appellant.

John W. Witt, City Attorney (San Diego), Stuart H. Swett, Chief Deputy City Attorney, Joseph M. Schilling, Deputy City Attorney, David L. Llewellyn, Jr., H. Robert Showers and Gene L. Malpas as Amici Curiae on behalf of Plaintiff and Appellant.

Norman R. Atkins, Weston & Sarno, John H. Weston and G. Randall Garrou for Defendants and Respondents.

OPINION

ARABIAN, J.

The question we consider is the constitutionality of a municipal zoning ordinance that regulates adult entertainment establishments. The precise issue is whether a zoning ordinance that combines both distance regulations and an exception for location of adult businesses in certain shopping malls conforms with First Amendment principles under the standard set forth in City of Renton v. Playtime Theatres...

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