04-03-1996 - Laserfiche WebLink

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1 There are no comparable constitutional issues raised by enacting or enforcement of forfeiture statutes based on violations of prostitution, gambling, or liquor laws. The legislature may require sexually oriented businesses which violate these laws to forfeit their profits. The Working Group believes that such an expansion of forfeiture laws j would give prosecutors greater leverage to control the operation of those businesses which pose the greatest danger to the community. • • • RECOMMENDATIONS 1. The legislature should amend the present forfeiture statute to include as grounds for forfeiture all felonies and gross misdemeanors pertaining to solicitation, inducement, promotion or receiving profit from • • prostitution and operation of a "disorderly house." 1 2. The legislature should consider the potential for a RICO-like statute with an obscenity predicate. • B. NUISANCE INJUNCTIONS l Minnesota law enforcement authorities may obtain an injunction and close down operations when a facility constitutes a public nuisance. A public nuisance exists when a business repeatedly violates laws pertaining to prostitution, gambling or keeping a "disorderly house." The Minnesota public nuisance law permits a court to order a building to-be closed for one year: Minn.. Stat. §§ 617..80-.87 (1988). 1 Nuisance injunctions to close down sexually oriented businesses which repeatedly violate laws pertaining to prosecution, gambling or disorderly conduct are potentially powerful .regulatory devices. The fact that a building in which prosecution or other . offenses occur houses a sexually oriented business does not shield the facility from application of nuisance law based on such offenses. Arcara v. Cloud Books. Inc.. 478 U.S. 697, 106 S. Ct. 3172 (1986) (First Amendment does not shield adult bookstore J -28-