The appellants sued the City of Kansas City, Missouri, under
42 U.S.C. § 1983 (1994), challenging the validity of the Motion Picture Arcade Booth Establishments Ordinance.
See Kansas City, Mo., Code of Ordinances ch. 12, art. VII, §§ 12–275 to 12–283 (1997).
The City enacted the ordinance in mid–1997 to regulate video viewing booths located in adult bookstores. In passing the ordinance, the City intended “to further the public health and safety of motion picture arcade booth establishments by reducing the likelihood that patrons will engage in [various sexual activities] within such commercial premises.”
Id. § 12–275(a). The City determined regulation of such facilities was needed to prevent the spread of
sexually transmitted diseases that may occur “[b]ecause [of] motion picture arcade booth establishments, structures, or parts thereof which, due to their design, are used for sexual conduct.”
Id. § 12–275(b). The appellants, who each operate adult entertainment establishments, sought declaratory and injunctive relief against the enforcement of the ordinance, asserting both federal and supplemental state constitutional claims. After two evidentiary hearings, the District Court
entered judgment for the City, and the appellants appeal. We affirm.