Video store licensing battle could reach Supreme Court

Erin Neff

Friday, Dec. 4, 1998 | 11:13 a.m.

The battle over the Hot Stuff video store is sizzling to the point where residents are willing to protest and both the city and the business owner vow to take the case to the U.S. Supreme Court.

City Councilman Michael McDonald held a community meeting Thursday morning for about 25 residents who wanted to know what they could do to fight against the adult video store at 5100 W. Charleston Blvd.

"They are livid with the judges' decision," McDonald said in reference to a recent ruling by the Eighth Judicial District judges. "They think we lost. They didn't rule we were wrong, they ruled we were taking too long.

"We're going to take this all of the way to the highest court in the land if we have to," McDonald said.

On Sept. 10, the Ninth Circuit Court of Appeals handed down a decision making it impossible for the city to use its licensing code to prevent sexually-oriented businesses from opening anywhere in the city, including residential neighborhoods.

Hot Stuff sought a business license in January 1997, and according to the city attorney's office, stated they would not be operating a sexually-oriented business.

When audits indicated the business was, in fact, sexually-oriented, the city revoked the license and Hot Stuff sued.

Hot Stuff's general manager, Aaron Gordon, said Thursday he wishes the city would have gone to the Supreme Court after losing at the Ninth Circuit -- which is the normal route of appeal.

"Instead they tried to go back door with the state district judges," Gordon said. "Michael McDonald has no respect for the law. He's a police officer and he's supposed to uphold the law. Instead, he's ignoring the Ninth Circuit Court's ruling."

Gordon said he plans to file a federal lawsuit in a few days requesting the store's business license back -- which the Ninth Circuit Court granted. He is also considering filing a lawsuit seeking damages for the income lost when Hot Stuff was closed down for one year. And, he said, he is considering a suit against McDonald.

McDonald said he'll keep fighting.

"This is a very crucial case for the city," McDonald said. "This will hold up all of our zoning laws."