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SANTA FE, N.M. (AP) — The state Court of Appeals has upheld a movie theater’s conviction for violating an Albuquerque ordinance that restricts where adult films can be shown.

The court issued a split decision Tuesday, with the majority deciding the zoning ordinance was constitutionally applied to a company that does business as the Guild Cinema. The mainstream movie theater in the city’s Nob Hill neighborhood was fined $500 for showing an X-rated film during a 2008 festival called “Pornotopia.”

Judge Jonathan Sutin dissented, saying the theater wasn’t an “adult amusement center” under the ordinance and there was “no compelling or substantial governmental interest” shown for applying the ordinance to the Guild Cinema.

The theater contended it’s free speech rights were violated by the adult film restrictions.