Basiardanes v. City of Galveston

This case presents a First Amendment and Due Process challenge to a zoning ordinance that is so broad it effectively bans the showing of nonobscene but sexually oriented motion pictures at adult theaters within the City of Galveston. George Basiardanes, a property owner in Galveston, leased his building for the showing of adult films. Galveston then passed a zoning ordinance that prohibited Basiardanes from using his building for this purpose. After the Galveston adult theater ordinance frustrated his plans to house an adult theater in his building, Basiardanes brought this suit, claiming that the ordinance had the effect of zoning adult theaters out of the city and thereby constituted a prior restraint of protected speech. Basiardanes also challenged the ordinance on vagueness grounds.