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City of Littleton v. Z.J. Gifts D-4, L.L.C.

Docket No.: 02-1609
Certiorari Granted: Oct 14 2003
Argued: March 24, 2004
Decided: June 7, 2004

Topics:

Amendment 1: Speech, Press, and Assembly, First Amendment, Obscenity, State, Article I, Bill of Rights, Civil Procedure, Establishment Clause, First Amendment, Free Exercise, judicial review, public schools, separation of powers

PartyNames: City of Littleton, Colorado v. Z.J. Gifts D-4, L.L.C., a Limited Liability Company, dba Christal's
Petitioner: City of Littleton, Colorado
Respondent: Z.J. Gifts D-4, L.L.C., a Limited Liability Company, dba Christal's

Court Below: United States Court of Appeals for the Tenth Circuit
Citation: CA 10, 311 F.3d 1220. QUESTIONS PRESENTED: This Petition involves a challenge by Respondent to the judicial reviewprovisions of The City of Littleton's City Code, Title 3, Chapter 14, Section 8 ("the Ordinance"). The Ordinance governs the licensing of adultentertainment establishments within the City of Littleton. When a license is denied pursuant to this Ordinance, its provisions provide for "prompt access to judicial review" through Colorado's mandatory certiorari review procedure under Colo.R.Civ.P. 106(a)(4) (review in the nature of certiorari). Thisprocedure was recently invalidated by the Tenth Circuit in Z.J. Gifts D-4,
Supreme Court Docket

City of Littleton, Colorado
v.
Z.J. Gifts D-4, L.L.C., a Limited Liability Company, dba Christal's
541 U.S. 774 (2004)
Consideration Limited:

Limited to the following question:Whether the requirement of prompt judicial review imposed by FW/PBS, Inc. v. Dallas , 493 U.S. 215 (1990) entails a pr ompt judicial determination or aprompt commencement of judicial proceedings.

Question Presented:

: This Petition involves a challenge by Respondent to the judicial reviewprovisions of The City of Littleton's City Code, Title 3, Chapter 14, Section 8 ("the Ordinance"). The Ordinance governs the licensing of adultentertainment establishments within the City of Littleton. When a license is denied pursuant to this Ordinance, its provisions provide for "prompt access to judicial review" through Colorado's mandatory certiorari review procedure under Colo.R.Civ.P. 106(a)(4) (review in the nature of certiorari). Thisprocedure was recently invalidated by the Tenth Circuit in Z.J. Gifts D-4, L.L.C. v. City of Littleton , 311 F.3d 1220 (10th Cir. 2002). The Tenth Circuit Court of Appeals instead required that cities in Colorado guarantee thatjudges will render a "prompt judicial decision on the merits" when an adult business challenges an adverse licensing scheme. This Petition seeks the resolution of a near complete division in the Circuits regarding the sufficiency of prompt acce ss to an independent judicial officer when an adult business license is denied for violations of content-neutral time, place, and manner regulations. This question requires the Court torevisit the plurality decision in FW/PBS, Inc. v. City of Dallas , 493 U.S. 215, 107 L. Ed. 2d 603, 110 S. Ct. 596 (1990). The present case asks this Courtto resolve the conflict so municipal governments, seeking to regulate the negative secondary effects of sexual ly oriented businesses, may meet the correct standard for providing judicial review of licensing decislons. The Questions Presented are: For the purposes of reviewing content-neutral sexually oriented business licensing decisions, is prompt judicial access sufficient or must a citysomehow provide a prompt judicial decision? If prompt access to a court of law is in sufficient, then what must a city do toprovide sufficient safeguards under the First Amendment? CERT. GRANTED: 10/14/03 Limited to the following question:Whether the requirement of prompt judicial review imposed by FW/PBS, Inc. v. Dallas , 493 U.S. 215 (1990) entails a pr ompt judicial determination or aprompt commencement of judicial proceedings.

Question:

Did Littleton's adult business licensing ordinance violate the First Amendment protection of Free Speech because it did not guarantee a prompt judicial decision when a business appeals the denial of a license?

Note:

. CA 10, 311 F.3d 1220.

City of Littleton v. Z.J. Gifts D-4, L.L.C.
ORAL ARGUMENT

March 24, 2004

Holding: reversed
Decision: Decision: 9 votes for City of Littleton, 0 vote(s) against
Vote: 9-0
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