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CCP 11-16-1995
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CCP 11-16-1995
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<br />1\ <br />I ' " '3/ro <br /> <br /> <br />1 ~ B. citv of Renton v. Playtime Theatres, Inc., 475 U.S. 41 <br />. (1986) . <br />, . <br />1. Renton, Washington enacted an ordinance prohibiting <br />I. adult motion picture theaters from locating within <br />1,000 feet of any residential area, church, park, <br />or school. <br />I 2. The Court upheld the consti tutionali ty of the <br />ordinance on the basis of a content-neutral time, <br />place, and manner regulation for two reasons. <br />First, the ordinance's purpose was unrelated to the <br />1 suppression of speech. Second, the ordinance's <br />purpose was to preserve the quality of life (i.e, <br />it addressed adverse secondary effects). <br />I 3. The standard of constftutional review for content- <br />neutral time, place, and manner regulations is <br />whether it serves a substantial governmental <br />1 interest and allows for reasonable al ternati ve <br />.. . ,_ . avenues of communication. <br />4. The Renton ordinance served a substantial <br />governmental interest because the city relied upon <br />1 ..." . other cities' studies showing adverse secondary <br />effects resulting from the location of adult <br />.. .. entertainment businesses. Renton was not required <br />_ . to produce its own study involving the adult <br />I . ". -.. businesses located within its boundaries. Renton's <br />1''' ..,.,"...: reliance upon other cities' studies was reasonable <br />''';::>S :'. and gave it a basis to enact the zoning regulation. <br />I .. - ~..:" 5. The Renton ordinance allow:ed ,for reasonable <br />alternative avenues of commun~cat~on. The effect <br />of the ordinance' was to limit adult theaters to <br />I about five percent of the city's total land area. <br />The City provided the adult businesses a reasonable <br />opportunity to open and operate an adult theater in <br />I the city. <br /> <br /> <br />III. Three Really Important Eighth Circuit Decisions Decided In <br />I 1994. <br /> <br /> <br />I A. Ambassador Books and Video v. Little Rock. Ark., 20 F.3d <br />858 (8th Cir.) cert. denied. 115 S.ct. 186 (1994). <br /> <br />1. Little Rock reviewed studies from other cities all <br />I of which showed an increase in crime and a decrease <br />in property values in areas where adult businesses <br />operated. <br />1 2. Little Rock adopted a distance ordinance requiring <br />750 feet separation from adult uses and other adult <br />. uses, religious facilities, schools, and <br />I residential areas~ <br /> <br /> <br /> <br />I <br />
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