Philip Young v. City of Simi Valley

Opinion by Judge TASHIMA; Partial Concurrence and Partial Dissent by Judge O’SCANNLAIN.

TASHIMA, Circuit Judge:

The City of Simi Valley (“Simi Valley” or the “City”) appeals from the district court’s order declaring its adult business zoning ordinance unconstitutional and granting an injunction barring its enforcement. We must decide two issues: whether a zoning ordinance that allows “sensitive use”1 establishments to apply for an over-the-counter zoning clearance and disqualify a pending adult use permit is constitutional; and whether the existence of four potential, simultaneously available…