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535 U.S. 425 (2002) Documents:
History: On May 13, 2002, the U.S. Supreme Court sent this case back to the Ninth District Court of Appeals for further study or a new trial. The Supreme Court opinion, written by Justice O'Connor with Justices Rehnquist, Scalia and Thomas concurring and Kennedy concurring in part, also reversed the lower court decision and backed the City of Los Angeles in banning multiple adult-related businesses from operating under the same roof. Justices Stevens, Souter, Ginsburg, and Breyer dissented. This case was argued on December 4, 2001; certiorari was granted on March 5, 2001. The issue is whether, in such a case, the City Council can rely on the fact that the Fourth Circuit examined and upheld a state law almost identical to the Los Angeles ordinance, or whether a study or other evidence is required demonstrating that a combination adult bookstore/arcade standing alone produces harmful secondary effects. An amicus brief, which brought to the Court's attention the broadening scope of adult business zoning so that mainstream businesses are often regulated, was filed in August 2001 on behalf of the American Booksellers Foundation for Free Expression, Feminists for Free Expression, the Freedom to Read Foundation, the International Periodical Distributors Association, the Publishers Marketing Association and the Video Software Dealers Association.
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