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Resolution 2413
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Resolution 2413
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8/3/2017 9:32:50 AM
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Resolutions
Resolution Number
2413
Date
4/18/1984
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• <br /> • <br /> 1 Company v. City of ! eega 3arbgr, 657 F. 2d, 94 ( 6th Cir . ) (1981 ) <br /> 2 (effective ban , a 300 acre city with 3 , 000 people where there was <br /> 3 no location within the confines of Keego Harbor that was not <br /> 4 within 500 feet of a bar or other regulated use. ) <br /> The Renton ordinance simply disperses adult theatres from what <br /> 6 it has determined to be an inappropriate location. <br /> 7 In considering whether Renton is entitled to have made such a <br /> 8 determination as to this area , in pursuance of a compelling <br /> 9 governmental interest which could not be achieved by any less <br /> 10 restrictive means, this court would find that it has . It is <br /> 11 constitutionally permissible to regulate businesses of this nature <br /> 12 in the manner of the 1 , 000 foot type ordinance as decided in Young <br /> 13 v. American Mini Theatres , supra and Northend Cinema, supra . Even <br /> 14 if required to be narrowly drawn and required to further a <br /> 15 substantial governmental interest , the ordinance is first, not <br /> 16 designed to suppress a particular form of expression. It does <br /> 17 regulate certain conduct on a reasonable time, place and manner <br /> 18 basis to protect the quality of a neighborhood and important <br /> 19 customary amenities and needs thereof . <br /> 20 In Young and its progeny, it is noted that concentrations of <br /> 21 certain regulated uses , including adult motion picture theatres <br /> 22 and bookstores , <br /> 23 "Tends to attract an undesirable quantity and <br /> quality of transients, adversely affects property <br /> 24 values , causes an increase in crime, especially <br /> prostitution, and encourages residences and busi- <br /> 25 nesses to move elsewhere . " Id . at 55, 96 Sup. Ct. <br /> at 2455 . <br /> 26 For a small commercial area , the impact of one theatre of this <br /> 27 <br /> nature certainly can be deemed to alter the atmosphere of the <br /> 28 <br /> neighborhood, is likely to affect property values , deter residents <br /> 29 from remaining and adversely will impact criminal activity. It <br /> 30 will attract some proportion of individuals of behaviorial <br /> 31 deviance with attendant risks to the citizenry as will be further <br /> 32 <br /> 33 <br /> MEMORANDUM DECISION - 7 <br />
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