San Gabriel Valley : City’s Adult Business Laws Thrown Out

A federal judge has invalidated Pasadena’s laws that require adult businesses to obtain a permit and follow city regulations or be closed.

Though U.S. District Judge Audrey Collins said those laws were unconstitutional, she has yet to rule on another legal issue that will determine whether topless dancers can take to the stage at the Red Hot Theater/Cafe.

Despite the ruling, Pasadena Mayor William Paparian said Wednesday that the city remains optimistic that it will prevail on the remaining issue involving whether the club is properly zoned.

“It appears to be the ruling we expected based on her tentative decision at the Nov. 17 hearing,” Paparian said. “There’s still the zoning question.”

Collins issued the permanent injunction Tuesday, deciding in favor of club owner Michael W. Kaltenhaler, who sued the city for allegedly violating his 1st Amendment rights.

Ben Kaufman, an attorney for the city, said the club on Foothill Boulevard is in an industrial zone, as opposed to a commercial general-use zone, where such businesses are allowed. Club attorney John Weston, however, said that amounts to censorship, and that the city had drawn up plans to change the area into a commercial zone before the club opened.

Collins’ ruling leaves the city powerless to control adult businesses that are properly zoned.

“If the judge’s ruling is the use permit system is unconstitutional, we have to fix it,” Paparian said.