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04-03-1996
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04-03-1996
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MV City Council
City Council Document Type
City Council Packets
Date
4/3/1996
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• 1 • <br /> 11126 Baltimore Boulevard, supra, 684 F. Supp. at 895; see also Tolls v. San <br /> i • Bernadino County, 827 F.2d 1329, 1333 (9th Cir. 1987) (ordinance construed to prohibit <br /> single showing of adult movie in zoned area; invalidated for failure to present evidence <br /> of secondary effects of single showing); but see Thames Enterprises v. City of St. Louis, <br /> 1 851 F.2d 199, 201-02 (8th Cir. 1988) (observations by legislator of secondary effects <br /> sufficient). <br /> On the other hand, it is not necessary for each municipality to conduct research <br /> independent of that already generated by other cities. The Renton court held that <br /> evidence of the need for zoning of sexually oriented businesses can be provided by <br /> studies from other cities "so long as whatever evidence the city relies upon is <br /> 1 reasonably believed to be relevant to the problem that the city addresses." Id. at 51, <br /> 106 S.Ct. at 931. See also SDJ. Inc. v. City of Houston, 837 F.2d 1.268, 1274 (5th Cir. <br /> 1988) (public testimony from experts, supporters and opponents and consideration of <br /> studies by Detroit, Boston, Dallas and Los Angeles sufficient evidence of legitimate <br /> purpose). <br /> The first section of this report summarizes evidence from various cities <br /> 1111 documenting the secondary effects of sexually oriented businesses. • Following Renton, <br /> it is intended that local communities will make use of this evidence in the course of <br /> assembling support for reasonable regulation of sexually oriented businesses. <br /> 2. Availability of Locations for Sexually Oriented Businesses <br /> •I <br /> Courts also evaluate-whether zoning of sexually oriented businesses is merely a <br /> pretext for prohibition by reviewing the alternative locations which remain for a sexually <br /> oriented business to operate under the zoning scheme. A municipality must "refrain <br /> from effectively denying . . . a reasonable opportunity to open and operate" a sexually <br /> oriented business. Renton, suora, 475 U.S. at 54, 106 S. Ct. at 932. <br /> Access may be regarded as unduly restricted if adult entertainment zones are <br /> unreasonably small in area or if the number of locations is unreasonably few. There is <br /> no set amount of land or number of locations constitutionally required. The Renton <br /> • <br /> -37- <br />
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