CITY OF LITTLETON v. Z. J. GIFTS D-4

Legal Principle at Issue

Whether an adult business licensing ordinance violated the First Amendment's free speech protection because it did not explicitly guarantee a "prompt judicial decision" (as opposed to just a prompt judicial review or hearing) upon the denial of a license.

Action

Reversed. Petitioning party received a favorable disposition.

Facts/Syllabus

Littleton, Colorado enacted an adult business ordinance in 2003 that requires an "adult bookstore, adult novelty store or adult video store" to have an "adult business license." The ordinance requires an applicant to provide certain basic information about the business and lists eight specific circumstances under which the city may deny a license, including time limits within which city officials must reach a final licensing decision (typically amounting to about 40 days).

In 1999, the respondent Z. J. Gifts D-4, L. L. C. opened a store that sells "adult books" in a place not zoned for adult businesses — specifically, within 500 feet of a church and day care center. Instead of applying for an adult business license, ZJ filed a lawsuit attacking Littleton's ordinance as unconstitutional. 

The federal District Court rejected ZJ's claims, but on appeal, the U.S. Court of Appeals for the Tenth Circuit accepted two of them, holding that Colorado law "does not assure that [the city's] license decisions will be given expedited [judicial] review" — hence it does not assure the "prompt final judicial decision" that the Constitution demands. The Tenth Circuit also held another provision unconstitutional on the ground that it threatened lengthy administrative delay — a problem that the city believes it has cured by amending the ordinance. Throughout these proceedings, ZJ's store continued to operate.

Littleton asked the Supreme Court to review the Tenth Circuit's "judicial review" determination, and the Court granted certiorari in light of lower court uncertainty on this issue.