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LAW OFFICE OF <br /> RENEE F . LEE <br /> April 7, 2004 <br /> Everett City Council <br /> 2930 Wetmore Avenue, Suite 9A <br /> Everett, WA 9821 <br /> Re Moratorium on adult retail businesses <br /> Dear Council Members: <br /> I have been retained by Starbright Early Learning Center and write to you on their <br /> behalf and on behalf of members of the community who have joined together with the goal <br /> of creating zoning laws that preserve the quality of our city neighborhoods. There is a <br /> genuine concern about the location of adult retail stores in close proximity to schools, <br /> residences, and religious facilities and particular apprehension about the location of Taboo <br /> Video in South Everett. <br /> Adult retail businesses have a negative impact upon our communities. The detrimental <br /> effects include increased crime, decreased property values, and degradation of the <br /> community's aesthetic quality, which is a valuable asset in fostering economic development <br /> and job opportunities. Location requirements that include buffer zones are a legitimate <br /> government response rationally related to legitimate government purposes. I, therefore, <br /> urge you to adopt a moratorium to prohibit adult retail businesses from locating within <br /> 1000 feet of sensitive land uses including residences, public libraries, parks, playgrounds, <br /> schools, daycare centers and places of religious worship. <br /> The City Council should feel confident that such a moratorium is a valid exercise of <br /> police power and it is contemplated in Washington's Growth Management Act. RCW <br /> 36.70A.390. Furthermore, courts across the country have upheld zoning laws that restrict <br /> adult retail businesses either by prohibiting them from certain zones or prohibiting them <br /> from locating within a certain distance from residences, schools, churches, etc. See North <br /> Ave. Novelties, Inc. v. City of Chicago, 88 F.d 441 (7th Cir. 1996);Metropolitan Board of <br /> Zoning Appeals v. Zaphiriou, 176 Ind. App. 422 (1978); City of Vallejo v Adult Books, <br /> 167 Cal. App. 3d 1169 (1985). These location restrictions serve a government interest in <br /> curbing the adverse secondary effects associated with these land uses. Likewise, a <br /> moratorium will allow the City of Everett to analyze the negative secondary effects <br /> associated with adult retail businesses and protect the general public health, safety and <br /> 914 164TH ST. SE #1687 • MILL CREEK, WA • 98012 <br /> PHONE: 206-579-7178 • E-MAIL: RENEELEELAW@COMCAST.NET <br />