On Tisha B'Av, after 237 years, the Second Temple was also destroyed and burned, and this day became a day of mourning and fasting to commemorate the loss of the independence of the people of Israel and their exile, and the State of Israel enacted, 1927 years later, in 1997, the Law Prohibition of the Opening of Houses of Pleasure on Tisha B'Av (Special Authorization), 5758-1997 – "In Memory of the National Day of Mourning for the Destruction of the Temple" (Section 1 of the Law) and authorized a local authority to enact a law prohibiting the opening of pleasure houses on the National Day of Mourning (Section 3) "in any area of its jurisdiction or A certain part of it, provided that it applies to the entire population in that area..." (Section 4).
A parallel can be found between the prohibition on eating pork and the national mourning on Tisha B'Av, two events for which the Knesset enacted special ordination laws.
In the life of a nation, there are days of remembrance and historical events, some sad and some happy. Tisha B'Av, the day of the destruction of the Second Temple and the sacrifice of the pig on the altar on the Temple Mount at the mitzvah of Antiochus, are similar events to which we will assign a special place in the national memory of the Jewish people and in the laws of religion.
It is not surprising, then, that the Israeli Knesset enacted the Accreditation Law of 1956 (regarding the prohibition of the sale of pigs) and the Enabling Law of 1997 (regarding the opening of pleasure houses on Tisha B'Av).
In 1979, many years before the Enabling Laws on Tisha B'Av and the Basic Laws were enacted, the Supreme Court ruled on the validity of a municipal bylaw regarding the opening of pleasure houses on Tisha B'Av. Criminal Appeal 858/79 Lapid v. State of Israel (hereinafter – the Lapid case [5]):
"I would like to emphasize that if it were a prohibition of a pure religious or decisive nature, then I would be inclined to accept the argument of the appellant's counsel that this is an exception to the scope of authority that section 249(20) grants to the municipality. However, Tisha B'Av does not have a pure or decisive religious background. Its character is mixed and the national aspect is not inferior to its religious weight, and with regard to the prohibition that is the subject of the discussion, it may even surpass it, since it is known that according to Halacha there is no impediment to working on the night of Tisha B'Av (or on Tisha B'Av itself). This shifts the center of gravity to the secular national aspect. Indeed, this involves restricting the freedom of occupation, but this is the result in any case, including the usual cases, in which the municipality sets a closing time for the business. Given the special national-secular significance of Tisha B'Av, it cannot be said that the restriction beyond the usual on this 'so-and-so' day is unjustified or unreasonable..." (Words Judge Ben-Porat).