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ALAMEDA BOOKS, INC. v. CITY OF LOS ANGELES

No. 09-55367.

631 F.3d 1031 (2011)

ALAMEDA BOOKS, INC., and Highland Books, Inc., a California corporation, Plaintiffs-Appellees, v. CITY OF LOS ANGELES, a municipal corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 28, 2011.

Attorney(s) appearing for the Case

Clyde DeWitt and Cathy E. Crosson , Law Offices of Clyde DeWitt, for the plaintiffs-appellees.

Carmen A. Trutanich , City Attorney, Tayo A. Popoola , Deputy City Attorney, and Steven N. Blau , Deputy City Attorney, for the defendant-appellant.

Before: RICHARD D. CUDAHY, KIM McLANE WARDLAW and WILLIAM A. FLETCHER, Circuit Judges.

OPINION

CUDAHY, Circuit Judge:

The issue in this case is the district court's grant of summary judgment against the City of Los Angeles on the grounds that the City's Ordinance for the dispersal of adult entertainment businesses violates the First Amendment. We reverse. The district court erred by granting summary judgment on the issue whether the plaintiffs had presented "actual and convincing" evidence "casting doubt" on the City's rationale for its Ordinance...

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