City of Littleton v. Z.J. Gifts

Summary

The City of Littleton, Colorado, required businesses seeking to sell sexually oriented material to apply for a license from the city. If the city denied the license, the business could appeal to a state court under the Colorado Rules of Civil Procedure.

Z.J. Gifts, a pornography seller, opened in an area not zoned for sexually oriented businesses. Instead of applying for a license, Z.J. Gifts filed a lawsuit claiming the licensing law was unconstitutional because the Colorado Rules of Civil Procedure did not require a prompt judicial decision. Z.J. Gifts said this meant it could be forced to wait while its First Amendment rights were violated.

Alliance Defending Freedom funded an amicus brief at the U.S. Supreme Court on behalf of Littleton. In 2004, the Supreme Court ruled that Littleton’s licensing law did not violate the Constitution because Colorado’s rules allowed for a prompt judicial decision.