2005/06/15 Council Agenda Packet

App. B / Adult Businesses Minnesota Attorney General's Report / App. B, 689-90 (S.D. N.Y. 1979), aff'd, 628 F.2d 1346 (2d Cir. 1980), should document findings of adverse secondary effect cert. denied, 449 U.S. 842, 101 S. Ct. 122. However, some of sexually oriented businesses and the relationship be -It courts have found same-sex massage regulations to be in tween these effects and proposed regulations so that; violation of Title VII of the Civil Rights Act of 1964. See such regulations can be upheld if challenged in court. Stratton u. Drumm, 446 F. Supp. 1306, 1310-11 (D. Conn. (2) Communities should adopt regulations which reduce the 1978); Cianciolo u. Members of City Council, 376 F. Supp. likelihood of criminal activity related to sexually ori- o 719, 722-24 (E.D. `Ibnn. 1974); Joseph v. House, 363 F. Supp. ented businesses, including but not limited to open booth w 367, 374-76 (E.D. Va.), aff'd sub nom. Joseph u. Blair, 482 ordinances and ordinances which authorize denial or >, F.2d 676 (4th Cir.), cert. denied, 416 U.S. 966, 94 S. Ct. 1968 revocation of licenses when the licensee has committed (1974). Contra, Aldred u. Duling, 638 F.2d 637 (4th Cir. 1976). offenses relevant to the operation of the business. Although the Working Group expressed strong concern about the operation of prostitution under the guise of mas- (3) Communities should adopt regulations which reduce gage parlors, this type of regulation is not advisable because exposure of the community and minors to the blighting legitimate therapeutic massage establishments could find appearance of sexually oriented businesses including but their operations curtailed. Prostitution may be better con- not limited to regulations of signage and exterior design trolled through prosecution and use of poet -conviction ac- of such businesses and should enforce state law requiring tions such as forfeiture or enjoining a public nuisance. sealed wrappers and opaque covers on sexually oriented In 1986, a court upheld an ordinance making it unlawful material. to display for commercial purposes material "har-rnful to minors" unless the material is in a sealed wrapper and, if the Conclusion cover is harmful to minors, has an opaque cover. Upper j Midwest Booksellers Ass'n u. City of Minneapolis, 780 F.2d I There are many actions which communities may take 1389 (8th Cir. 1y86). Last year, the legislature enacted a within the law to protect themselves from the adverse sec - state law similarly prohibiting display of sexually explicit ondary effects of sexually oriented businesses. Prosecution material which is harmful to minors unless items are kept of obscenity crimes can play a vital role in decreasing the in sealed wrappers and, where the cover itself would be profitability of sexually oriented businesses and removing harmful to minors, within opaque covers. Minn. Stat. materials which violate community standards from local § 617.293 (1988). This law has the potential to protect minors outlets. Forfeiture and injunction to prevent public nuisance from exposure to sexually oriented materials. Communities I should be available where sexually oriented businesses are also have considerable discretion to regulate signage so that the site ox -related crimes and violations of laws pertain the exterior of sexually oriented businesses does not expose ing to gambling, liquor or controlled substances. These ac - unwitting observers to sexually explicit messages. tions will remove the most egregious establishments from communities. Zoning can reduce the likelihood that sexually oriented Recommendations businesses will lead to neighborhood blight. Licensing_ can (1) Prior to enacting licensing regulations, communities sever the link between at least some crime figures and sexually oriented businesses. Regulation ar ' rorcement 424 425