Posted at: 09/12/2013 12:56 PM
Updated at: 09/12/2013 1:25 PM
By: Elizabeth Reed, KOB.com
The New Mexico Supreme Court has ruled in favor of an adult film festival in Albuquerque.
Organizers of the Albuquerque Pornotopia Adult Film Festival fought with the city over zoning issues and had to cancel the event two years in a row.
Pornotopia took place at the Guild Cinema in Nob Hill in 2007 and 2008, but the city then cited the theatre for breaking the adult amusement ordinance.
The city required the festival to use a building zoned for industrial use, but the film festival's director said there weren't any theatres in those areas for them to use.
The owner of Guild Cinema appealed the city's 2008 fine for showing an adult film during Pornotopia. An appeals court upheld the city's decision, but the state Supreme Court ruled Thursday that the adult amusement ordinance only applied to "traditionally adult businesses." Since the theatre only occasionally featured adult entertainment for the festival, the state Supreme Court decided the festival was not in violation of any zoning laws.
Organizers for the festival told KOB Eyewitness News 4 they are already planning the next Pornotopia.