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<br /> I " s/~ <br /> ' , <br /> . . ,. <br /> I. <br /> . <br /> 2. In 1992, a bookstore (with an inventory of 60% <br /> ., <br /> general bookstore reading material and 40% adult <br /> material) opened up within 750 feet of the public <br /> library. Bookstore claimed it was not an "adult <br /> .' bookstore" as a substantial or significant portion <br /> of its inventory was not devoted to adult material. <br /> 3. Bookstore challenges ordinance's constitutionality <br /> I arguing city cannot rely upon studies of bookstores <br /> which do not have a mixed inventory (adult <br /> bookstores with non-adult material as well as adult <br /> I material) nor on-site consumption (Le., peep <br /> shows). Eighth circuit says "[t]hat is simply not <br /> the law." Rochester need not show that this <br /> bookstore "will likely have the exact same adverse <br /> I effects on its surroundings as the adult businesses <br /> studied by Indianapolis, st. Paul, and Phoenix." <br /> 4. Eighth Circuit found no vagueness or overbreadth <br /> I problems with "substantial or significant" <br /> ...... .. language. <br /> ~l': <br /> I ,Iv. ,_ Rumblings wi thin The Ranks; Lower Federal Courts Are Uneasy <br /> .0". <,.with Commercial Viability of Alternative sites. <br /> I/,e ' " ..- ,.... <br /> A. city of Renton requires zoning ordinance to allow for <br /> \ "reasonable alternative channels of communication." <br /> I L Renton's ordinance left 520 acres (5% of city's <br /> land area) open to adult theaters. Land consisted <br /> of significant accessibility to travel, but some <br /> I parcels were occupied, none of the undeveloped land <br /> was for sale, and the land was not "commercially <br /> . . viable" for adult theaters. <br /> . 2. Supreme Court said adult theaters "must fend for <br /> themselves in the real estate market, on an equal <br /> footing with other prospective purchasers and <br /> lessees." city not required "to obtain sites at <br /> I bargain prices." <br /> 3. Thus, city did not effectively preclude adult <br /> businesses from operating. <br /> I B. Woodall v. ci tv of El Paso, 959 F.2d 1305 (5th Cir. 1992) <br /> amendina 950 F.2d 255. <br /> I L El Paso's ordinance made available only 78 sites on <br /> slightly less than one percent of city's total <br /> land. <br /> 1 2. Fifth Circuit held that jury instruction concerning <br /> alternative sites, which was based upon Renton, was <br /> Ie in error. Instruction should have included <br /> statement that "land with physical characteristics <br /> 5 <br /> I <br />