Judges’ rule may help city in its battle against adult store

Bill Gang

Thursday, Nov. 19, 1998 | 11:23 a.m.

A quick fix by the District Court judges of a legal loophole may let the city of Las Vegas again try to close down a controversial adult-oriented business across from the Redrock Theaters.

The District Court judges at their Wednesday meeting passed a court rule that seemingly plugged the hole in the law that has let Hot Stuff keep operating despite a determination by city officials that it is a sexually-oriented business in an area where that is not allowed.

Hot Stuff has stayed in business under the protection of a September decision of the U.S. Ninth Circuit Court of Appeals that declared the city of Las Vegas licensing structure has unconstitutional flaws.

The problem, according to the Ninth Circuit, is that Nevada law doesn't specify a reasonably prompt period during which District Courts must consider and decide First Amendment challenges by sexually-oriented businesses that are appealing license denials.

The lack of such a law, the court decision states, can result in "unreasonable and indefinite delay that is tantamount to a complete suppression of speech."

That has left the bookstore at 5100 W. Charleston Blvd. with the unfettered right to operate in a residential neighborhood -- near a library, senior housing and a church -- until the law is changed.

That also left city officials fuming, knowing the hole in the Nevada laws can't be plugged until the Legislature gets back into session in January.

The city council itself can't pass ordinances that are binding on state judges.

So Deputy City Attorney William Henry tried to go through the back door, asking the district judges last month to pass a court rule setting specific appeal periods and mandatory hearing deadlines.

But the judges refused at the October meeting to jump on the city's bandwagon and pass a rule for the sole purpose of aiding the city's anti-smut goals.

Yet the judges recognized the flaws pointed out by the Ninth Circuit and referred the city's proposal to the judge's legislative committee to determine if such a rule change would have value beyond the Hot Stuff case.

On Wednesday, District Judge Mark Gibbons said the committee determined the rule would be "neutral" and recommended it be passed. The approval was unanimous.

The new rule requires that cases labeled "First Amendment Petition" must have a hearing within 25 days and a court decision must be handed down within 30 days of the petition being filed.