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I 35/ sa '. A. Supreme Court Decisions I - The U.S. Supreme Court upheld the validity of municipal adult entertainment I zoning regulations in Younq v, American Mini Theaters, Inc., 427 U.S, 50, 96 S.Ct. 2440 (1976), and City of Renton v. Playtime Theaters, Inc., 475 U.S. 41, 106 S.Ct. 926 (1986).W I In Younq, the Court upheld the validity of Detroit ordinances prohibiting the , operation of theaters showing sexually explicit "adult movies" within 1,000 feet of any two other adult establishments.g/ The ordinances authorized a waiver of the 1,OOO-foot restriction if a proposed use would not be contrary ,to the public interest and/or other I factors were satisfied. Younq, supra, 427 U.S. at 54 n.7, 96 S.Ct. at 2444 n.7. The ordinances were supported by urban planners and real estate experts who testified that , concentration of adult-type establishments "tends to "attract an undesirable quantity and quality of transients, adversely affects property values, causes an increase in I crime, especially prostitution, and encourages residents and businesses to move elsewhere. " .!.s!:. at 55, 96 S.Ct. at 2445. A "myriad" of locations were left available for ,- adult establishments outside the forbidden 1,OOO-foot distance zone, and no existing establishments were affected. Id. at 71 n.35, 96 S.Ct. at 2453 n.35. I Writing for a plurality of four, Justice Stevens upheld the zoning ordinance as a reasonable regulation of the place where adult films may be shown because (1) there I was a factual basis for the city's conclusion that the ordinance would prevent blight; (2) the ordinance was directed at preventing "secondary effects" of adult-establishment I concentration rather than protecting citizens from unwanted "offensive" speech; (3) the ordinance did not greatly restrict access to lawful speech, and (4) "the city must be allowed a reasonable opportunity to experiment with solutions to admittedly serious , problems." Id. at 63 n.18, 71 nn.34, 35, 96 S. Ct. at 2448-49 n.18, 2452-53 nn.34, 35. I ~/ The only reported Minnesota court case reviewing an adult entertainment zoning ordinance is Ci of St. Paul v. Carlone, 419 N.W.2d 129 (Minn. Ct. App. 1988) , (upholding faCia constltutlona Ity 0 t. aulordinance). g/ The ordinances also prohibited the location of an adult theaters within 500 feet of a '. residential area, but this provision was invalidated by the district court, and that decision was not appealed. YounG v. American Mini Theaters, Inc., 427 U.S. 50, 52 n.2, 96 S.Ct. 2440, 2444 n.2 (1976). I -31- I