Resolution 2413 - Laserfiche WebLink

r 1 ties basically within a walking distance . Renton High School and 2 St. Anthony' s Parish Parochial School are very nearby, within 3 blocks. There is no issue in this case that the theatre is 4 clearly within the zone which the City wishes to retain free of the showing of sexually explicit films which appeal to prurient 6 interest in sex. 7 On a broader periphery , Renton is also home to a large • airplane manufacturing facility, Boeing , has numerous emerging 9 industrial parks and associated businesses developing in the 10 valley area , the Southcenter shopping section, numerous smaller 11 shopping centers , Longacres Race Track, and of course, is relati- 12 vely near the airport . All of these uses involve considerable 13 numbers of people moving in and out of those areas daily, although 14 this volume of traffic would not necessarily be attracted to the 15 immediate location of this theatre, but of course, might well be 16 attracted to it as a transient population if it were in 17 operation. 18 Evidence was introduced which showed* that at other locations 19 in Renton shopping areas , the same films being shown by stipula- 20 tion are readily available for sale or rental through video 21 stores , primarily for viewing in residential privacy. There are 22 no restrictions by the City as to this option . The availability 23 of other specific geographic locations was not litigated in this 24 proceeding . However , as a general matter , a permissible inference 25 may be drawn that Renton does consist of a large geographical area 26 and that elimination of the showing of sexually explicit films at 27 the Renton Theatre will not foreclose availability elsewhere. It 28 is the conclusion of this court that Renton did not purport and 29 will not effectively eliminate the display of sexually explicit 30 films through the application of this ordinance, as in Schad v. 31 Mount Ephraim, 452 U .S . 61 ( 1981) (total ban) , Keego Harbor 32 33 MEMORANDUM DECISION - 6