The Supreme Court Tuesday struck down a major portion of a Dallas ordinance that imposed strict licensing and zoning requirements on sexually oriented businesses.
The court, in a complex opinion that various justices joined and dissented from, also upheld portions of the ordinance.In a ruling by Justice Sandra Day O'Connor, the court held that the licensing portion of the law, which required adult theaters and bookstores to have licenses and inspections regardless of whether the business has changed or moved, "largely targets businesses purveying sexually explicit speech which the city concedes for the purposes of these cases are protected by the First Amendment (of the Constitution)."
She also wrote that the city's procedure allows "indefinite postponement of the issuance of a license."
In another portion of the opinion, O'Connor, supported by the entire court, upheld a portion of the ordinance that prohibits motel owners from renting rooms for fewer than 10 hours.
The court's ruling came in three separate appeals of the ordinance brought by a coalition of adult bookstores, movie houses, motels and topless bars.
In other action, the court:
-In a major defeat for universities, ruled unanimously that peer review material used in the tenure-granting process cannot be withheld from the Equal Employment Opportunity Commission.
-Ruled unanimously that customer deposits required by a public utility to ensure payment of future bills are not income for tax purposes.