Cite as: 535 U. S. 425 (2002)
Opinion of O'Connor, J.
Justice O'Connor announced the judgment of the Court and delivered an opinion, in which The Chief Justice, Justice Scalia, and Justice Thomas join.
Los Angeles Municipal Code § 12.70(C) (1983), as amended, prohibits "the establishment or maintenance of more than one adult entertainment business in the same building, structure or portion thereof." Respondents, two adult establishments that each operated an adult bookstore and an adult video arcade in the same building, filed a suit under Rev. Stat. § 1979, 42 U. S. C. § 1983 (1994 ed., Supp. V), alleging that § 12.70(C) violates the First Amendment and seeking declaratory and injunctive relief. The District Court granted summary judgment to respondents, finding that the city of Los Angeles' prohibition was a content-based regulation of speech that failed strict scrutiny. The Court of Appeals for the Ninth Circuit affirmed, but on different grounds. It held that, even if § 12.70(C) were a content-neutral regulation, the city failed to demonstrate that the
bama, Janet Napolitano of Arizona, Ken Salazar of Colorado, Richard Blumenthal of Connecticut, M. Jane Brady of Delaware, Robert A. Butter-worth of Florida, Alan G. Lance of Idaho, Carla J. Stovall of Kansas, G. Steven Rowe of Maine, Thomas F. Reilly of Massachusetts, Mike Moore of Mississippi, Mike McGrath of Montana, Don Stenberg of Nebraska, Frankie Sue Del Papa of Nevada, Roy Cooper of North Carolina, Herbert D. Soll of the Commonwealth of the Northern Mariana Islands, Mike Fisher of Pennsylvania, Charles M. Condon of South Carolina, Mark Barnett of South Dakota, John Cornyn of Texas, Mark L. Shurtleff of Utah, Christine O. Gregoire of Washington, Darrell V. McGraw, Jr., of West Virginia, and Gay Woodhouse of Wyoming; for the American Planning Association et al. by Scott D. Bergthold; for the Capitol Resource Institute et al. by Richard D. Ackerman and Gary G. Kreep; for Morality in Media, Inc., by Paul J. McGeady and Robin S. Whitehead; and for the U. S. Conference of Mayors et al. by Richard Ruda and James I. Crowley.
Briefs of amici curiae urging affirmance were filed for the American Booksellers Foundation for Free Expression et al. by Michael A. Bamberger; for the DKT Liberty Project by Julie M. Carpenter; and for the First Amendment Lawyers Association by Randall D. B. Tigue and Bradley J. Shafer.
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