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2005/06/15 Council Agenda Packet
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2005/06/15 Council Agenda Packet
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Council Agenda Packet
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6/15/2005
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partially founded upon the Supreme Court decision in Young v American Mini Theater. <br />This decision, affirming the City of Detroit's police power ability to zone adult <br />entertainment, redefined the standards the community can use to appraise that <br />material which is found to be adult entertainment and protected by the 1st and <br />14th Amendments of the U. S. Constitution. The following exerpt from Young v <br />American Mini Theaters makes clear the Supreme Court view of adult entertainment <br />and zoning: <br />Though the First Amendment protects communication in the area of adult <br />motion pictures from suppression, the State may legitimately use the <br />content of such pictures as the basis for placing theaters exhibiting <br />them in a different classification from other motion picture theaters <br />for zoning purposes. The City's interest in the present and future <br />character of its neighborhoods adequately support the limitation <br />imposed . . . on the place where adult films may be exhibited. <br />As a result of Young v American Mini Theaters, several- cities have initiated <br />zoning ordinances similar to Detroit's to control the proliferation of sex industry <br />outlets into incompatible areas of city development. Kansas City, Missouri and <br />Atlanta, Georgia, are examples of cities recently implementing zoning ordinances <br />to control the adult entertainment industry. These cities have accepted <br />the fact that there is a large market for adult entertainment. By implementing and <br />enforcinq a zoning ordinance to control site location choices to those sites meeting <br />certain minimum requirements, these cities have sanctioned the adult entertainment <br />industry. However, this sanction does not entail a condonation of commercial sex <br />activities outside the control of land use planning activities. <br />The problems with the proliferation of adult businesses in major urban areas are <br />growing, not only in the volume of outlets, but also in new types of adult businesses. <br />Cities that have attempted to use zoning ordinances to define explicitly each <br />controlled adult entertainment business have found that the ordinances are subject <br />to constant update as the adult entertainment industry implements new techniques <br />for the dissemination of its product. The following list illustrates some of the <br />EVER00326 <br />
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