Resolution 2413 - Laserfiche WebLink

1 and other physical attributes , i .e. , signing , architecture, limi- 2 tations upon manufacturing and production and controls upon 3 aesthetic pollution, as wellas substance pollution, the presence 4 of an adult motion picture theatre which exhibits sexually expli- cit films of this nature can likewise be considered to violate not 6 only a moral , but aesthetic standard, construed in the broadest 7 sense ( See Discussion, 90 Harvard Law Review, 196 ( 1975) ; Zoning , 8 Aesthetics and the First Amendment, 64 Columbia Law Review, 81 9 ( 1964 ) . Communities need not provide the laissez faire cacaphony 10 of business uses typically evident in areas where basically 11 anything goes -- head shops , pornographic shops alongside any and 12 all other uses, including family residences . The residents of a 13 particular community have a right to protect the community from 14 danger , degradation of its environment and a dilution of its 15 overall moral standards . This is not simply a matter of 16 appearance, but a significant value . Nothing could be more fun- 17 damental to family standards than the basic respect of individuals 18 within a marital relationship in family context which each of 19 these films denigrates . A balancing of interests clearly dis- 20 favors forcing the presence of such a use in this location on 21 First Amendment grounds when there is no total or effective ban . 22 The presence of this type of use to the public also conveys 23 endorsement which the Renton legislative body deems incompatible 24 with reasonable promotion of other valid and superior interests . 25 The behaviors represented in most of these films is deviant and 26 some of it represents behavior which is classified as criminal . 27 The tone of the films is , however, that of an amoral outlook with 28 the behaviors represented as being appealing and not inoffensive 29 pasttimes . Many would argue that our homes are intruded upon 30 routinely by murder , rape, violence and all manner of socially 31 undesirable conduct display and that unlike the intrusiveness of 32 33 MEMORANDUM DECISION - 13