2005/06/15 Council Agenda Packet

Consultants' Final Report - Page 13 neighborhood when they are concentrated evidence: This was supported by expert opinion In the opinion of urban planners and real estate experts who supported the ordinances, the location several such businesses in the same neighborhood tends to attract an undesirable quantity and quality of transients, adversely affects property values, causes an increase in crime, especially prostitution, and encourages residents and businesses to move elsewhere.18 The courts have not been very explicit in terms of the exact type and nature of the evidence of "secondary effects" that is required to uphold zoning ordinances regulating the location of adult businesses. On the one hand, failure to introduce any evidence linking secondary effects with the way the ordinance is enforced, is insufficient. 19 On the other hand, a complete independent analysis of secondary effects in each jurisdiction that enacts such laws is not necessary. In Renton'-' the Supreme Court upheld an ordinance without benefit of an independent analysis. " Mini Theatres supra note 18 at 55. 19 "Here, the County has presented no evidence that a single showing of an adult movie would have any harmful secondary effects on the community. The County has thus failed to show that the ordinance, as interpreted by the County to include any theater that shows an adult movie a single time, is sufficiently "'narrowly tailored' to affect only that category of theatres shown to produce the unwanted secondary effects." Renton 106 S.Ct. at 931. Nor do we see how the County could make such a showing, since it is difficult to imagine that only a single showing ever, or only one in a year, would have arty meaningful secondary effects." Tollis, Inc. v. San Bernardino County 827 F.2d 1329,1333 (9th Cir. 1987). 2 0 City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 106 S.Ct. 925, 89 L.Ed.2d 2a(1986). EVER00353