2 N.M. 219
N.M. Ct. App.2012Background
- Guild Cinema, a mainstream art-house theater in Nob Hill, Albuquerque, hosted a weekend erotic-film festival (Pornotopia).
- City zoning code restricts adult films to designated zones; public screening outside those zones is prohibited.
- Two City code officers attended screenings and concluded one film fell under the ordinance’s definition of an adult film.
- Guild was convicted in metropolitan court for operating outside a zoned area; district court affirmed and fined $500.
- Guild appeals arguing the ordinance is vague and improperly applied to a single screening; the court reviews de novo and affirms the district court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the ordinance vague as applied to a single screening? | Guild argues the word 'featuring' requires regularity, not a one-time screening. | City contends 'featuring' includes a single screening and the ordinance is clear. | Not vague as applied; single screening falls within 'featuring'. |
| Does the ordinance, as applied, violate free-speech rights under time-place-manner analysis? | Guild claims the ordinance is not narrowly tailored and targets content. | City argues it regulates secondary effects and is narrowly tailored with reasonable alternatives. | ordinance withstands time-place-manner scrutiny as applied; not unconstitutionally vague or overbroad. |
| Does the ordinance leave open adequate alternative channels of communication? | Guild contends alternatives are unavailable or impractical for occasional showings. | City asserts alternatives exist and the ordinance allows other venues within zoned areas. | Yes; the ordinance leaves open alternatives and is constitutionally valid as applied. |
Key Cases Cited
- Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986) (time-place-manner framework for adult entertainment ordinances; not a total ban)
- Young v. American Mini Theatres, Inc., 427 U.S. 50 (1976) (location-based regulation of adult theaters to address secondary effects)
- Alameda Books, Inc. v. City of Los Angeles, 535 U.S. 425 (2002) (content-neutrality and tailoring of zoning for adult entertainment)
- Ward v. Rock Against Racism, 491 U.S. 781 (1989) (silence on least-restrictive-means; government credibility in tailoring)
- State ex rel. Bliss v. Dority, 55 N.M. 12 (1950) (statutes require reasonable precision but not mathematical certainty)
- State v. Andrews, 123 N.M. 95 (1997) (statutory construction principles and plain meaning guidance)
- State v. Perry, 146 N.M. 208 (2009) (interstitial approach to state constitutional interpretation)