Littleton, Co. v. Z.J. Gifts D-4, LLC
In the fall of 1999, Z.J. Gifts opened a store, known as Christal's, in Littleton, Colorado. Prior to the opening of Christal's, the City informed the owner of the property on which Christal's was located that adult businesses were not permitted at this location. In 1993, the City had passed an ordinance requiring businesses, such as Christal's, that specialize in adult entertainment or merchandise to obtain licenses, and restricting those businesses to certain areas of Littleton. In late August 1999--shortly before Christal's opened--Z.J. filed a law suit against the City alleging that Littleton's ordinance was unconstitutional because it acted as a prior restraint on protected First Amendment speech. The district court ruled in favor of the City. The Tenth Circuit Court of Appeals reversed in part, holding among others that the licensing scheme was unconstitutional because it did not provide for a prompt judicial determination of whether the licensing decision was legal.
Question Presented:
Whether the requirement of prompt judicial review imposed by FW/PBS, Inc. v. Dallas, 493 U.S. 215 (1990), entails a prompt judicial determination or a prompt commencement of judicial
proceedings for adult business licensing schemes.
