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DEC- 2O -199O 17:21 FROM SIJEENEY <br />Thomas M. Sweeney <br />George F. Sorer <br />Paul T. Ostrow <br />Douglas B. Meslow <br />BORER <br />TO LITTLE— CRNRDA P.01.'12 <br />Sweeney & Borer <br />Professional Association <br />Attorneys at Law <br />Suite 1200 <br />Capital Centre <br />386 North Wabasha Street <br />St: Paul, Minnesota 55102 <br />December 20, 1990 <br />Mr. Joel R. Hanson <br />City of Little Canada <br />515 Little Canada Road <br />Little Canada, MN 55117 <br />Re: Adult Use Ordinance <br />Our File No. 6841 <br />Dear Mr. Hanson: <br />Telephone <br />(612) 222.2541 <br />Facsimile <br />(612) 223(5289 <br />We have reviewed the proposed zoning and licensing <br />ordinances related to adult uses in the City of Little Canada, <br />forwarded to us by City Planner Stephen Grittman. We have also <br />reviewed federal and state court decisions and the Report of the <br />Attorney General's Working Group on the Regulation of Sexually <br />Oriented Businesses, dated June 6, 1989. Based upon that <br />review, we believe that present law supports the <br />constitutionality of the proposed ordinances if certain findings <br />of fact outlined below are made by the Council at the time of <br />enactment. <br />Adult use businesses are protected by the First Amendment <br />to the extent that any regulation of such businesses must be <br />"justified without reference to the content of the regulated <br />speech." Community for Creative Non - Violence, 468 U.S, 288 at <br />293, 104 S.Ct. 3065 and 3069, 82 L. Ed. 2d 221 (1984). Any <br />regulation of speech, including adult uses, must be "content <br />neutral" and must be based upon the "secondary effects" of the <br />constitutionally protected conduct on the surrounding community. <br />See City of Renton v. Playtime Theatres, Inc., 475 U.S. 49, 106 <br />S. Ct. 1663, 89 L. Ed. 2d 29 (1986). In the Renton case, the <br />United States Supreme Court held that a municipal ordinance <br />which, among other things, prohibited adult motion picture <br />theatres from locating within 1,000 feet of any residential <br />zone, single or multiple- family dwelling, church, park or <br />school, was constitutional since it was designed to control the <br />"secondary effects" of adult uses. In particular, the Court <br />found the City's ordinance constitutional because it was <br />justified by the need to "prevent crime, protect the City's <br />retail trade, maintain property values, and generally protect <br />and preserve the quality of the City's neighborhoods, commercial <br />Page 73 <br />