Encinitas, California – The F Street bookstore in Encinitas is permanently banned from operating as an adult bookstore under a ruling Friday by a Superior Court judge, who concluded the company violated a city ordinance regulating such businesses.

Judge Lisa Guy-Schall, who had earlier found the ordinance constitutional, issued a permanent injunction to stop F Street from operating at Coast Highway 101 near Daphne Street in Leucadia as an adult-oriented business. She denied arguments from the company that its rights were violated because the city enforced the law too stringently and that it focused solely on the company even though other stores in the city sold pornography.

“The operation of F Street in violation of the adult business regulations should be permanently abated as a public nuisance,” Guy-Schall wrote.

Representatives for F Street and the city of Encinitas did not return several phone messages seeking comment yesterday.

The decision, stemming from a three-day trial in May, becomes permanent within two weeks if no one challenges it.

F Street has the right to appeal.

The legal battle started in 2001 when the city cited the company for renovating the store without the proper permits. F Street owned the building but was not selling adult materials at that time.

In July 2003, complaints were filed with the city about the store selling pornography. A city investigation confirmed the allegations.

The following month, Encinitas informed the bookstore it violated the city’s ordinance and ordered it to stop selling adult materials. In September 2003, the city got a court order to that effect.

F Street responded by placing a yellow tape around the adult material and putting up a sign announcing the section was temporarily closed.

In November 2003, the city issued a second order for F Street to remove all adult material from the building. The company complied and continues to sell nonpornographic books at the location.

The Encinitas ordinance regulates adult businesses and prohibits them from operating within 750 feet of residences, parks, religious institutions, schools or child day-care facilities.

An alley separates the Encinitas F Street from several homes, and a day-care operation is less than 500 feet away.

The judge determined that F Street knew it violated the city law, but still chose to open the store.

“F Street could have selected a location in a zone where adult businesses are permitted in (Encinitas) . . . but it chose not to do so,” Guy-Schall wrote.

Another issue in the case was the use of the word “substantial” in the city ordinance regarding the amount of adult merchandise offered for sale by a business.

F Street attorney Andy Zmurkiewicz argued there is no legal way to define “substantial” and asked the judge to create guidelines on how to operate. For example, the company could operate a bookstore where only 15 percent of the merchandise is adult material, he said.

The judge rejected that argument, saying there is ample case law that allows each city to define the word “substantial” in an ordinance. She also found fault with the percentage concept, noting that even if 15 percent of the merchandise were adult materials, it could make up 80 percent of sales.

“(Guy-Schall) rejects F Street’s claim that (Encinitas’) definition of an ‘Adult Business’ must rely exclusively on a percentage of floor space and inventory,” the judge wrote.