CCP 11-16-1995 - Laserfiche WebLink

Home Browse Search

10/ g). I .1 1964. See Stratton v. Drumm, 445 F. Supp. 1305,1310-11 (D. Conn. 1978); Cianciolo v. Members of City Council, 376 F. Supp. 719, 722-24 (E.D. Tenn, 1974); Joseph v. I House, 353 F. Supp. 367, 374-75 (E.D, Va.), aff'd sub nom. Joseph v. Blair, 482 D.2cf 575 (4th Cir.), cert. denied, 416 U.S. 955, 94 S. Ct. 1968 (1974). Contra, Aldred v. I Dulinq, 538 F.2d 637 (4th Cir. 1976). Although the Working Group expressed strong conCern about the operation of I prostitution under the guise of massage parlors, this type of regulation is not advisable I because legitimate therapeutic massage establishments could find their operations curtailed. Prostitution may be better controlled through prosecution and use of post- conviction actions such as forfeiture or enjoining a public nuisance. I In 1985, a court upheld an ordinance making it unlawful to display for commercial I purposes material "harmful to minors" unless the material is in a sealed wrapper and, if the cover is harmful to minors, has an opaque cover. Upper Midwest Booksellers I Ass'n v. City of Minneapolis, 780 F.2d 1389 (8th Cir. 1985). Last year, the legislature enacted a state law similarly prohibiting display of sexually explicit material which is -. harmful to minors unless items are kept in sealed wrappers and, where the cover itself would be harmful to minors, within opaque covers. Minn. Stat. S 617.293 (1988). This' law has the potential to protect minors from exposure to sexually oriented materials. I Communities also have considerable discretion to regulate signage so that the exterior of sexually oriented businesses does not expose unwitting observers to sexually explicit I messages. I RECOMMENDATIONS 1. Prior to enacting licensing regulations, communities should I document findings of adverse secondary effects of sexually oriented I businesses and the relationship between these effects and proposed regulations so that such regulations can be upheld If challenged In I court. I -44- -I .1 I