Grover Beach ponders appeal in Diamond Adult World



Grover Beach officials are considering an appeal of a recent federal court ruling that would allow the owner of an adult-oriented store to return his inventory to all adult-related items.

"This is not necessarily the last stop," said Martin Koczanowicz, Grover Beach's city attorney. He said he would be meeting with city officials and other attorneys shortly to consider an appeal.

Diamond's representatives, meanwhile, heralded the decision.

"We feel as excited as Barry Bonds. We feel this was a home run," said Roger Jon Diamond, attorney for Diamond Adult World owner Steve Diamond no relation. "It's actually even more exciting because it's a home run in the bottom of the ninth inning with the bases loaded."

But the lawyer for the store said the real story is "how much money the city council wasted on a frivolous case."

"I'll be polite: I completely disagree with that characterization," countered Koczanowicz.

"We were enforcing our codes. We still believe he located illegally and in a place that the ordinance doesn't permit him to locate, and obviously the city has a duty and an obligation to enforce its own codes."

On Aug. 2, after nearly four years of legal battles, the U.S. Court of Appeals for the Ninth Circuit ruled that Diamond Video World was grandfathered in before a local ordinance banning such stores downtown took effect.

This story began shortly after Steve Diamond purchased the property on West Grand Avenue in December of 2003. Two months later, the city passed a temporary moratorium on adult stores and Diamond challenged the ban. Court battles ensued.

Following a 2005 court ruling, Steve Diamond reduced the shop's amount of adult-related items to 25 percent of the store's inventory.

Steve Diamond plans to seek reimbursement for court costs and may seek compensation for attorney's fees and reduction of income, his attorney said.

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