California Court of Appeal December 18, 1985, D002564 (Deluxe Theater & Bookstore, Inc. v. City of San Diego)

Opinion

WIENER, J.

Plaintiffs Deluxe Theater & Bookstore, Inc., Jamie Porras and John F. Kiernan challenge the constitutionality of an ordinance enacted by the City of San Diego which attempts to prohibit private “peep show” booths showing sexually explicit films. Consistent with precedent, we reject the contention and affirm the trial court’s order denying a preliminary injunction.