2005/06/15 Council Agenda Packet

Zoning for the Pornographic Arts, City Development Department, August, 1976, Kansas City, Missouri 2 The cases reviewed in depth were: A. Young v American Mini Theaters, Inc., 96 S. Ct. 2440 (1976). This was the Supreme Court review of the City of Detroit zoning ordinance which regulated (a) the proximity of adult uses to residential zones, (b) the proximity of adult uses to other areas where heavy traffic or concentrations of minors were found and (c) the density of adult businesses. The Court held that a city has the authority to control the location and density of adult entertain- ment businesses based on its police power right and duty to protect the health, safety and welfare of its citizenry. B. Miller v California, 93 S. Ct. 2607 (1973). This decision laid down the most recent standard for determining what is obscene. This decision is the basis for the Texas Penal Code Chapter 43, Public Indecency. C. Smith v United States, 97 S. Ct. 1756 (19.77), Paris Adult Theatre I v Slaton, 93 S. Ct. 2629 (1973), and Roth v United States, 77, S.. Ct. 1304 (1957). These earlier decisions were reviewed in order to determine the history of restrictions upon 1st Amendment guarantees. This review revealed that in effect the Court is ruling on the controversial problem of obscenity and state community standards determining prurient appeal and patent offensiveness on a case by case basis. 3 Amended by Act 1975, 64th Leg., p 372, Ch. 163, j 1, eff. September 1, 1975. 4 Acts 1973, 63rd Leg., p 883, Ch. 399, j 1, eff. January 1, 1974. 5 U.S. News & World Report, September 13, 1976, p. 76. 6 Time, April 5, 1976. EVER00338