United States District Court, C. Randall Garrou , John H. Robert A. Fox , Terry P. Counsel for the parties consented in a telephonic conference on April 25, , that pages 17 through 30 of the Court 's intended decision on application for a preliminary and permanent injunction , filed October 11, , may be amended as follows:.
According to CR Rialto, the "erotic performances" offered at the Riverside Avenue premises defined it as an "adult oriented business" as that term has been used in the City of Rialto 's " City " Municipal Code "Code".
CR Rialto contended that it had ceased offering these "erotic performances" in light of the City's recent Urgency Ordinance No. At the same time, the Court granted CR Rialto's request to consolidate the hearing on the preliminary injunction with a trial on the merits pursuant to Rule 65 a 2 of the Federal Rules of Civil Procedure , limiting the hearing on the preliminary and permanent injunction to a facial challenge to the City's adult business regulations. CR Rialto is now requesting that the Court permanently enjoin the City from enforcing its zoning and permit ordinances against CR Rialto anywhere in the City or, in the alternative, if the Court denies that relief, a preliminary injunction enjoining the City from enforcing its zoning and permit ordinances against CR Rialto at the Riverside Avenue premises.
On March 19, , the City enacted interim urgency ordinance Nos. The City enacted another interim urgency ordinance, No. On October 1, , the City adopted Ordinance No. Like Urgency Ordinance No. Section The Riverside Avenue premises are located in a C-S zone, approximately to feet from multi-family residences.
This area has been zoned C-S since According to CR Rialto, although the entertainment has not involved nudity or topless dancing, it has involved "erotic performances" which render the Riverside Avenue premises an "adult oriented business" as that term is used in the Code. These "erotic expressive activities" purportedly consisted of professional models attired in either lingerie or bikinis who variously danced, modeled, and competed for the entertainment of the customers on a twice a week basis.
