This was a case brought against the City of Anaheim for failure to grant the plaintiff a permit to open his business. It was resolved with the City of Anaheim agreeing to issue the permit and paying the plaintiff $2 million dollars in damages for the improper delay.
In this case, the City of La Habra attempted to close the plaintiff’s business, claiming it was a public nuisance. Wellman &Warren filed a lawsuit on behalf of Pelican Theater, suing the City of La Habra, claiming violation of plaintiff’s First Amendment rights. After 30 days of trial, the City agreed to a settlement resulting in a payment to the plaintiff of $5.2 million dollars.
Representing aduli nightclubs these days can be a thankless task for First Amendment lawyers, with recent court decisions often going in favor of cities and counties that claim the clubs are magnets for crime and antisocial behavior. But Wellman and Miller last year pulled off a rare victory in a marathon legal battle with the city of La Habra.