Grover Beach officials will seek to appeal a recent federal court decision that found that Steve Diamond's adult-themed store can legally return its inventory to all adult-related items.
Earlier this month, the U.S. Court of Appeals for the Ninth Circuit ruled that Diamond Video World was grandfathered in before an ordinance banning adult businesses downtown took effect. In the four years of legal battles, the city has demanded that the store limit its adult-themed products to just a portion of its inventory.
At one point in the battle, business owner Diamond was fined for balking at the city's demand.
The city voted Aug. 20 to appeal the latest ruling. In a press release, City Manager Robert Perrault wrote that the decision to seek an appeal is based on officials' belief that they have a responsibility to enforce city codes, which are aimed at "creating a downtown that is family-oriented and a positive and energetic place to conduct business."
Diamond's attorneys have consistently battled the city ordinance on both technical grounds they note Diamond had a contract on his building before the city's ordinance took effect and constitutional ones, arguing he has a First Amendment right to operate.