Q & A

Andy Zmurkiewicz, attorney for parent company that proposed Buena Park adult bookstore

Buena Park this week denied a business permit request from a 24-hour adult bookstore proprietor, and residents who mobilized against the proposal say they will continue to fight such enterprises. San Diego-based F Street Corp., which owns a chain of adult bookstores, says it will not abandon its plan, however, for the site at Orangethorpe and Western avenues. Andy Zmurkiewicz, 42, a San Diego attorney who represents the chain, discussed the issues involved with Times correspondent Lesley Wright.

Q: Sexually oriented businesses go back to biblical times. Have recent court decisions made it easier or harder for such businesses to operate?

A: As a rule, cities are looking very carefully at their adult entertainment ordinances and enacting ordinances that are very restrictive.

Q: Are communities limiting proprietors’ right to operate in a free market?

A: It’s my sense that the cities have been enacting ordinances that in most cases take it right to the limit and, in some cases, have crossed the line. The courts have stepped in and said they were violating the Constitution. . . . The courts have declared that certain time, place and manner restrictions are permitted, but courts have also said that cities cannot prohibit adult businesses. . . . F Street is prepared to comply with reasonable requirements, but when it comes to prohibiting F Street from engaging in a constitutionally protected right to free speech, F Street will have to draw the line.

Q: Some citizens say that the materials sold in F Street’s stores lure sexual predators. Is that a valid concern?

A: I don’t believe there is any evidence of that. F Street stores are very clean, well-lit, very secure. This is a store. It’s not a theater, it’s a bookstore, a gift store, a novelty shop. There aren’t any dark corners in these stores. They are totally open, very well maintained and patronized by men, women and couples. . . . F Street has tried to work with communities surrounding their stores to make sure they are good neighbors. They have done anything they could do to make sure they don’t bring blight or unsavory people to the area. . . . It’s my belief that F Street has contributed to the reduction of crime. We consider ourselves a part of the community in every respect--in terms of paying taxes and contributing to a good atmosphere.

Q: Some studies, though, show that crime rates are higher near adult businesses. What can you do to alleviate that?

A: Adult entertainment businesses run the gamut. . . . I don’t think it’s fair to generalize. . . . The Buena Park location is well-traveled, well-lit, it’s an upscale area. . . . F Street intends to put significant money in improving the building and maintaining its investment.