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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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7 <br /> As to the "narrowly tailored" re <br /> i ordinance • <br /> only affected theaters r quirement, Rehnquist found that the R <br /> • . was satisfactory. Producing unwanted secondsRentorry. Id. secondary effects and, therefore. <br /> I <br /> The second prong of Renes "time, place, n . <br /> alternative avenues of communication <br /> manner inquiry — the <br /> 5 acres of landwas satisfied by the district court' find ngit, of <br /> entertainment and, oremoen e than five percent of Renton, were left availables finding that <br /> though some of that developed area was already for pi l- <br /> and the undeveloped land was not available for <br /> found: sale or lease. occupied <br /> A majority of the Court <br /> That [adult theater owners . <br /> ] ' market, on ane 1 must fend for themselves in the real <br /> does not give rise to footing <br /> oFt First other prospective estatelessees, <br /> Amendment requires aon! dment violation. purchasers end <br /> ...� theaternowners y that Renton refrain from effectively <br /> view, the First <br /> theater within ] a reasonable opportunityandvp operateaan [adult <br /> requirement. the city' and the to open an <br /> ordinance before us easilyadult <br /> .. meetsthr's <br /> Id. at 54, 106 S.Ct at 932. <br /> • <br /> 01 <br /> j . 8. Standards and Need for Le al Zonin <br /> Unlike Young, the Renton <br /> sexually oriented case spells out the standards b <br /> 7 <br /> businesses should be tested. by which win <br /> decisions rendered in its wake suggest9 of <br /> �� Renton and several lower court <br /> ordinances will be that the two most criticsl areas by which th <br /> Judged_. are-1 <br /> enacted to address sem ) whether there is evidence that ordinancese <br /> secondary impacts on the community, were <br /> enough locations still available for sexually and 2) whether there are <br /> just a pretext to eliminate oriented businesses so that zoning is <br /> P <br /> pornographic speech.10/ 9 not <br /> i <br /> 10/ Of 11 recent post-Renton adult-entertainment <br /> five i1 recent <br /> pct ,Rents zoning <br /> to district s, three upheld ordinances and three ord <br /> court for further r a decisions by federal courts, <br /> Cinema Coro. v 9s• Zoning ordinances were s Cil�reAVaanr <br /> (Footnote 10 Thomoscn. 667 F.2d 659 (8th Cir. 1987)( ci <br /> ontlnuea on Next Page) <br /> ty council failed to ower <br /> -35- <br />
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