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90 Time, Place, and Manner Regularion of Business Activity <br />vage4g;-we <br />As is the case in many large American cities, Austin has witnessed a <br />rapid rise in the number and type of adult entertainment businesses <br />over the past decade. These businesses present a particular problem <br />due, in part, to the moral implications associated with such <br />enterprises in the minds of many members of the comcunity. <br />in addition, the proliferation and alleged detrimental effects of <br />these businesses upon surrounding neighborhoods have been the focus of <br />coomunity attention for quite some time. This attention has resulted <br />in numerous requests for the City to regulate adult businesses. <br />The regulation of adult entertainment businesses is a controversial <br />matter. While legal and constitutional bases for municipalities to <br />control the use of land within their jurisdictions in order to protect <br />the "public health, safety, morals, and general welfare of their <br />citizens" has been firmly established, the Supreme Court has upheld <br />the right of adult entertainment businesses to operate in the <br />coarmanity by virtue of the First and Fourteenth Amendments of the <br />U.S. Constitution. Resolving conflicts between the legal rights of <br />municipal governments and those of adult business operators and <br />patrons has been a difficult task. <br />stin enacted a "Sexually Oriented Commercial Establishments <br />...dinance" on May 22, 1980. This ordinance prohibites adult <br />businesses from being closer than 1,000 feet from a residential use. <br />On October, 25, 1983, a lawsuit was filed attacking the validity of <br />the Ordinance. . The lawsuit was filed after the Building Inspection <br />Department issued a "Code Violation Notice" for an adult bookstore <br />located at 8004 Research Blvd. This violation notice was filed because <br />the bookstore was located within 1,000 feet of property zoned and used <br />for residential purposes. The suit disputed the city's assertion of <br />harm to areas zoned and used for residential purposes. <br />On January 10, 1985, a trial was held. Because the court was unable <br />to make a factual finding on the validity of the City's assertion, it <br />permanently enjoined the City from enforcing the ordinance at that <br />location. The court did not declare the ordinance unconstitutional. <br />However, because of the precendent set -by this action, Austin <br />currently lacks an adult business ordinance that can be effectively <br />enforced. Therefore, it is the purpose of this study to objectively <br />evaluate the impacts of adult entertainment businesses on surrounding <br />neighborhoods and to formulate appropriate regulations based on these <br />findings. <br />EVER00272 <br />