Real Estate Legal Question Class

Chapter 13 CASE PROBLEM City of National City v. Wiener, 3 Cal. 4th 832, 12 Cal. Rptr. 2d 701, (1992) The City of National City, (The City) has 17.9 percent of its land zoned for commercial use, 40.6 percent zoned for residential use, 16.9 percent for industrial use and 24.6 percent zoned for institutional and military use. The City has an ordinance prohibiting an adult entertainment business within 1,500 feet of another adult business, school or public park, or within 1,000 feet of a residential zone, unless it is located in an enclosed mall or a mall where the business front is isolated from public off-site view. The ordinance does not limit the number of adult businesses or the hours of operation. Wiener and his sister opened Chuck's Bookstore, an adult bookstore and arcade on National City Boulevard. The City sought an injunction against the bookstore for violating the ordinance by being too close to another adult business and a residential area. Weiner claimed the ordinance was unconstitutional as a violation of his First Amendment rights of free speech, especially since there was only one other adult business in The City, a theater. Additionally, The City is mostly strip zoned and the distance requirements make all locations almost impossible except for a mall. The City claimed the ordinance was a reasonable regulation designed to serve a substantial government interest and that it provided a reasonable alternative avenue of communication since there are other shopping malls that could accommodate an adult business and plenty of commercial property that could do likewise. Weiner responded that even though there were vacancies in the three shopping malls, no mall would rent space to an adult business. He would, therefore, have to build his own mall. Is the ordinance unconstitutional? Explain