Alameda Books Inc, et al v. Los Angeles City of, et al

Filing 324

FINAL JUDGMENT in favor of plaintiffs Alameda Books Inc, Highland Books Inc and against the defendants City of Los Angeles, its officers, employers and agents, etc and that defendants are permanently enjoined and restrained from enforcing section 12. 70 of the Los Angeles Municipal Code to the extent that it prohibits an adult arcade from being established or maintained in the same building, structure, or portion thereof, as an adult bookstore, against plaintiffs, employees, agents, successors, o r anyone acting in concert with any of them. Each Plaintiff is a prevailing party. Plaintiffs recover of Defendant their costs in this action by Judge Dean D. Pregerson, Related to: MOTION for Judgment for Entry of Judgment 319 (MD JS-6, Case Terminated). (lc)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. CITY OF LOS ANGELES, Defendants. ___________________________ ALAMEDA BOOKS, INC.; et al., Plaintiff, ) ) ) ) ) ) ) ) ) ) Case No. CV 95-07771 DDP (CTx) FINAL JUDGMENT ORDER [Motion filed on December 15, 2008] UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

IT IS HEREBY ORDERED THAT, pursuant to 28 U.S.C. § 2201, et seq., and 42 U.S.C. § 1983, the Court declares that section 12.70 of the Los Angeles Municipal Code, to the extent that it prohibits an "adult arcade" from being established or maintained in the same building, structure, or portion thereof, as an "adult bookstore," is unconstitutional, in violation of the First and Fourteenth Amendments to the United States Constitution. IT IS FURTHER ORDERED THAT Defendant City of Los Angeles, its officers, employers and agents, and anyone working in concert with any of them, are permanently enjoined and restrained from enforcing section 12.70 of the Los Angeles Municipal Code to the extent that it prohibits an "adult arcade" from being established or maintained in the same building, structure, or portion thereof, as an "adult bookstore," against Plaintiffs, their officers, directors, owners,

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employees, agents, successors, or anyone acting in concert with any of them. IT IS FURTHER ORDERED THAT each Plaintiff is a "prevailing party" as that term is defined and understood in connection with 42 U.S.C. § 1988. IT IS FURTHER ORDERED THAT Plaintiffs recover of Defendant their costs in this action.

IT IS SO ORDERED.

Dated: March 9, 2009

DEAN D. PREGERSON United States District Judge

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