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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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state-licensed dayfacility certain care ac ty and pubic schools. It forbade an adults-cr <br /> facility from operating within 500 feet of any other adults-only facility. Finally, t <br /> • <br /> ordinance required existing sexually oriented entertainment establishments to conk); <br /> to its provisions by moving to a new location, if necessary, within four years. <br /> The Eighth Circuit ruled that the Minneapolis ordinance created restrictions tc <br /> severe to be upheld under the Young decision. It would have required all five of t <br /> city's sexually oriented theaters and between seven and nine of the city's ten sexua <br /> 1 <br /> oriented bookstores to relocate and would have required these facilities to compe <br /> with another 18 adult-type establishments (saunas, massage parlors and "rap" parlor <br /> for a maximum of 12 relocation sites.. The effective result of enforcing the ordinan <br /> would be a substantial reduction in the number of adult bookstores and theaters, ar <br /> no new adult bookstores or theaters would be able to open, the Court conclude <br /> Alexander, supra, 698 F.2d at 938. <br /> In Renton, supra, the United States Supreme Court adopted a dearer standa <br /> under which regulation of sexually oriented businesses could be tested and uphel. <br /> The Court upheld an ordinance prohibiting adult movie theaters from locating with <br /> • 1 • 1,000 feet of any residential zone, single- or multiple-family dwelling, church, park c <br /> school. <br /> Justice Rehnquist, writing for a Court majority that included Justices Stevens an <br /> Powell, stated that the Renton ordinance did not ban adult theaters altogether and tha <br /> therefore, it was "properly analyzed as a form of time, place and manner regulation. <br /> Id. at 46, 106 S.Ct. at 928. When time, place and manner regulations are "conten <br /> neutral" and not enacted "for the purpose of restricting speech on the basis of if <br /> -7 content," they are "acceptable so long as they are designed to serve a substantia <br /> governmental interest and do not unreasonably limit alternative avenues c <br /> communication," Rehnquist stated. Id. He found the Renton ordinance to be Conten. <br /> neutral because it was not aimed at the content of films shown at adult theaters <br /> Rather, the city's "predominate concerns" were with the secondary effects of th <br /> theaters. id. at 47, 106 S.Ct. at 929 (emphasis in original). Once a time, place c <br /> manner regulation is determined to be content-neutral, "jtjhe appropriate inquiry . . . i <br /> whether the . . . ordinance is designed to serve a substantial governmental interest an; <br /> • I <br /> -33- <br />
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