City of Encinitas v. F Street Corp.
F Street Corporation (F Street) appeals a judgment declaring its store in the City of Encinitas (the City) as a public nuisance and an order permanently enjoining it from operating an adult retail store or selling any adult or sexually oriented merchandise at that location. F Street contends (1) that its Encinitas store is not an "adult business" or an "adult retail store" subject to regulation under Chapter 6.10 of the City's municipal code; or alternatively (2) that the definitions of those terms are unconstitutionally vague, facially and as applied to it. F Street also contends that the enforcement of the municipal code provisions and the judgment and permanent injunctive order violate its constitutional right to equal protection of law and that, in any event, the permanent order is unconstitutional insofar as it precludes F Street from selling any adult material at the store. Except as to the final argument, we find F Street's contentions unavailing and thus affirm the judgment. Court agree, however, that the City failed to make the required showing that an order permanently enjoining F Street from selling, offering or visibly storing any adult material is constitutional and thus reverse the order.
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