California Supreme Court Reviewing Civil Rights Strict Liability Case
California cities and adult use operators alike are monitoring Manta Management Corporation v. City of San Bernardino (Case No. S144492) currently being reviewed by the California Supreme Court. According to the City of San Bernardino, the case will decide whether "cities will have unlimited strict liability any time a preliminary injunction is not sustained at trial based on federal constitutional grounds." The Court of Appeal upheld a verdict against the city awarding $1.4 million in lost-profit damages for closing a strip club with a preliminary injunction in violation the owner’s First Amendment rights. The City argued that seeking redress through the courts is not a violation of the First Amendment, so no civil rights damages should have been awarded. The Court of Appeal was unpersuaded, but the high court could reach a different conclusion. The case may have far-reaching consequences for California public agencies like Cities and Counties depending upon how the Supreme Court rules.
Briefing has been completed and oral argument will likely be schedule within a year. You can view current information on the case docket, and sign up for email notifications about the case, by clicking here