Tijuana Adult Entertainment: IN RE A.G.
Although cases such as Tobe and White appear to support the conclusion that California recognizes a right to intrastate travel for adults that would be fundamental for equal protection purposes, it is unnecessary in this case definitively to delineate the extent to which an adult’s right to intrastate travel is a “fundamental right.” Even assuming an ordinance directly restricting movement of an adult would impinge on that adult’s fundamental rights and thereby subject any classification to strict scrutiny (cf. City of Chicago v. Morales (1999) 527 U.S. 41, 54), the critical question is whether a minor has a corresponding right that would require the same restrictive level of scrutiny. In many situations, minors do not possess the same constitutional rights possessed by adults; for example, minors are afforded less freedom of choice than adults with respect to numerous rights, including marriage, labor, voting, or access to First Amendment-protected expression of the “adult entertainment” variety, all of which are (or likely would be deemed) fundamental when exercised by an adult. The inherent differences between …
See the full article from “Leagle.com”