Preview:

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : BIGG WOLF DISCOUNT VIDEO MOVIE SALES, INC. : v. : Civil Action No. DKC 2001-3386 : MONTGOMERY COUNTY, MARYLAND : MEMORANDUM OPINION Presently pending and ready for resolution in this case raising a constitutional challenge to a Montgomery County zoning ordinance restricting "adult entertainment businesses" is the motion of Plaintiff Bigg Wolf Discount Video Movie Sales, Inc. ("Bigg Wolf") for a Preliminary Injunction preventing The

enforcement of the ordinance pending outcome of the case.1 issues are fully briefed and a hearing was held. that follow, the court will deny the requested

For reasons injunctive

relief. I. Background Unless otherwise noted, the following facts are undisputed. Plaintiff Bigg Wolf is the owner and operator of a retail store

Along with its response to Bigg Wolf's motion, the County filed a motion to dismiss or, in the alternative, for summary judgment. That motion will be denied. Bigg Wolf has stated a claim and, while the County's position is strong on the facts, there remain disputes of fact that militate against granting summary judgment on the current record, prior to the completion of discovery. A scheduling order will be entered governing discovery and the filing of further dispositive motions.

1

at 9421 Georgia Avenue, Silver Spring, Md.

The store's primary

merchandise is comprised of prerecorded videocassettes and DVDs for purchase and rental. explicit. A majority of these are sexually

The store also sells sexually-oriented merchandise Paper no. 5,

such as condoms, sex toys and sexual lubricants. Ex. 1.

Bigg Wolf limits the availability of sexually explicit merchandise in its store to consenting adults aged 21 or older. Such merchandise is confined to a separate rear area of the store that is set apart from the rest of the store and which is not visible from the rest of the store or the street. The rear

area comprises over 50% of the store's space that is open to customers, explicit store's though Plaintiff's comprises of owner states that 85-90% sexually of the

merchandise sales.

approximately Richard

Testimony

Biggs,

Preliminary

Injunction Hearing, January 29, 2002; Paper no. 5, Ex. 1, at

Download Bigg Wolf Discount Video Movie Sales v. Montgomery County, Maryland.pdf

Maryland Law