Resolution 2413 - Laserfiche WebLink

p 1 the presence of such theatres is sufficiently shown by the 2 experience of other communities which Renton should not have to 3 wait to duplicate before being able to enact a protective ordi- 4 nance . 5 The very nature of these films encourages imitative conduct. 6 The repetitive style is in the nature of preoccupation and com- 7 pulsivity . Renton ' s determination that such a theatre and the 8 exhibition of the films it has described and the legislative pur- 9 pose findings contained in its ordinances support a substantial 10 governmental interest which this court finds is not feasible to 11 guard against in any less restrictive manner . 12 Likewise, the preservation of its environment through the use 13 of zoning is a legitimate goal for a city. 14 "An adult theatre ordinance that furthers such goal satisfies the initial requirement that a city have a 15 substantial state interest to support a law restricting free speech. " Basiardanes v. City of 16 Galveston, 682 F . 2d 1203 ( 5th Cir . ) ( 1982) . 17 Again, a city need not establish repeatedly the factual basis 18 being considered in passing upon such an "ordinance. " Identical ordinances need not be tested anew each 19 time they are enacted by a different governmental 20 entity by establishing the actual existence of local conditions which would justify it . ' Lawmakers in 21 one locale ( should not be denied) the benefit of the wisdom and experience of lawmakers in another com- 22 munity, no matter how similar the circumstances . . ." See County of Sacremento v.Superior Court (Goldie' s 23 Bookstores , Inc. ) ( 1982) , 137 Cal. App. 3rd 448 , 454 , 455 , 187 Cal. Rprt. 154 . "The ' factual basis ' 24 behind certain types of zoning laws insofar as those zoning laws require dispersal or deconcentration, 25 has been developed by testimony in other cases . Sociologists and urban planners have testified that 26 a concentration of adult movie theatres in limited areas leads to the deterioration of surrounding 27 neighborhoods . ( See Young v.American Mini Theatres , supra . ) This testimony is sufficient and the City 28 need not bring their own sociologist to apply these observations to the City of Whittier . " City of 29 Whittier v. Walnut Properties, Inc. , 139 Cal . App. 3rd 618 ( 1983) . 30 The dispersal of the use covered by this ordinance to a loca- 31 tion which will not conflict with family, church and school uses 32 33 MEMORANDUM DECISION - 11 1