On January 14th, 2008, the city of San Diego sent letters to three adult stores that sold magazines published by Larry Flynt Publications, which included issues of the pornographic magazine Hustler. The letter informed the store owners that they would need to cease operations within 30 days if they did not comply with local zoning laws. The owner of one of the shops, Adam & Eve's Gentlemen's Club, said he was "shocked" by the action. He explained that his store had operated for many years without problems and claimed that the closure threats were an attack on free speech. However, he agreed to remove all copies of the magazine from the premises. One of the other businesses threatened with closure was Fantasy Adult Superstore, which also removed its stock of Hustlers. The third store, World Class XXX, initially refused to comply with the order but later changed course after receiving additional legal advice.
In December 2007, San Diego's City Attorney Jan Goldsmith initiated a crackdown on adult stores selling the magazine due to concerns about their impact on neighboring properties. As part of this effort, the city created new regulations requiring that such businesses be at least 500 feet away from homes, schools, churches, daycare centers, or other similar institutions. In addition, these establishments must have no more than 20% of their floor space dedicated to products related to sexual activity. These requirements are in line with those applied to other types of commercial enterprises.
Goldsmith explained that the crackdown was necessary because of complaints from residents about noise and traffic caused by customers visiting the adult stores. He also argued that the presence of such establishments could lower property values and make it difficult for developers to build new housing. Despite the fact that the stores had been operating within the confines of local law for decades, the City Council voted unanimously in favor of the zoning changes.
The issue became a national news story when Flynt sent a letter to then-President George W. Bush urging him to intervene. "We find it extremely ironic," wrote Flynt, "that you would allow your Justice Department to prosecute a pornographer while allowing state and local authorities to shut down legitimate businesses for engaging in the same trade." He went on to accuse the city of targeting his magazines for political reasons, saying, "It is my opinion that this action is nothing less than an assault on free speech and freedom of expression."
In response, Goldsmith said he welcomed Flynt's attention but added that he should focus instead on improving his own product rather than attacking San Diego's efforts. He noted that the city was simply enforcing its laws fairly and consistently across all industries. "I think we need to be very careful when we start picking winners and losers in our economy," he told the Associated Press. "If we don't like what someone does for a living, we can't just outlaw them."
Ultimately, none of the three threatened shops closed as a result of the crackdown. They each removed copies of Hustler from their shelves, and Adam & Eve's remained open with other merchandise. Meanwhile, Flynt continued to sell his magazine through other means, including online sales and mail orders. The controversy did little to slow the growth of the adult entertainment industry in San Diego or beyond.
However, the episode highlighted the challenges facing businesses that operate in competitive industries where public perception and government regulations are often at odds. As consumers increasingly demand more choice and control over how they consume media, companies must navigate complex legal environments while also appealing to changing attitudes about sexuality and censorship. For now, it seems likely that pornography will remain a divisive issue in America for some time to come.