A three-judge federal appellate panel has affirmed the constitutionality of a Harford County adult bookstore licensing law that puts restraints on dealers in pornographic magazines and movies.
But the judges from the 4th U.S. Circuit Court of Appeals declined to publish a written opinion until the full court rehears the case in March along with a similar zoning case from Prince George's County.
Harford County's law seeks to license dealers of pornographic magazines and movies and place other restraints on them.
The Prince George's County case involves a zoning regulation. Some of the legal issues involved are the same as those in the Harford case, said Diane T. Swint, a Harford assistant county attorney.
The three-judge panel recognized that its finding in the Harford case conflicted with another panel's decision in the Prince George's case.
Judges Robert F. Chapman, Paul V. Niemeyer and M. Blane Michael said the link between the Harford licensing law and the Prince George's zoning regulation was the need to resolve what is necessary "to meet the Supreme Court's requirement that expeditious judicial review . . . must be available," and "whether the ordinances involved in each Maryland case meet that requirement."
The Harford licensing law was amended last year after a U.S. District judge ruled that it had to explicitly state that the county had 45 days to complete its findings on any adult bookstore owner seeking a license.
The Prince George's County zoning regulation had sought a five-month processing period for applications.
No court has decided what amount of time is reasonable to process applications for adult bookstore licenses, but the appellate panel seemed to imply in the Prince George's case that five months was too long, and the panel that heard the Harford case apparently felt that 45 days was acceptable.
The two-year battle to put Harford County's licensing law into effect has delayed prosecution of other cases involving adult bookstores.
Harford County State's Attorney Joseph I. Cassilly said the delay in getting the law resolved has kept his office from "nailing the doors shut" on county pornography shops.
"Licensing adult bookstores is the only practical way to regulate what goes on inside them," he said.
The county licensing law, which was enacted in May 1992, requires each owner to obtain a $200 license and to observe certain restrictions, such as a 1,000-foot separation from other businesses, schools or churches. It also would bar ownership by, or employment of, convicted criminals.