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<br /> in Renton. The Renton law tended co concentrate adulr although [he diviJing line: chere has noc always been so clear.
<br /> .facilitieS by forcing chcm to (oc:uc at lease 1.000 feet from any The most essential poim is [hac a communicy muse make
<br /> I rcsidenrial zone, family dwelling, church. park. or school. clear char its mocive does nor involve any suppression of free
<br /> t' Two issues faced Reneon: whether its reliance on Seattle's speech and does nor aim to inAuence: (he coorene of any
<br /> fLndings was proper and whether its zoning allowed adequ:uc communicacion. Derroic and Renton both succeeded in pare by
<br /> available land for adult uses, The Supreme Court sided with the docum<<:nring a harm co the: cornmuni[f chat w:tS directly
<br /> I cicy on the firH coune, deeming its rdi:;mce on Se:mle's study .ddressed by rhe specific eypes of regularions .dopted, The
<br /> reasonable under the circumstances. Moreover. the Court ruled constitutional value of such d. justification is jUSt.as important in
<br /> that because Renton's ordinance left some: 520 acrcs, or five percent today's cases as it was 10 or 20 years ago. ~:
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<br /> of rhe ciey's I.nd area. .vailable for .dult uses, it did "Ot h.ve the Finally, dear and concise definitions are at least.as important 5.
<br /> I effect of supprtlSing protected expression. Rejecting the logic of the in regulating adult uses as they are with any other rype of
<br /> appeals court that had overturned the ordinance, the Coun: found I.oning. Definitions chat can be tOO easily incecpreced to include
<br /> immaterial che fact that some of rhe 520 acres was alretdy occupied nude paintings in a legitimate- art gallery. scxually explicit I
<br /> I or tOO i:::xpensivc, becausc "'we have never suggested that the First language in books and movies with significant literary contcnr
<br /> Amendment compels the government to ensure that adult theaters or social commentary. and other free~ranging <<loose cannons"
<br /> alld orher kinds of speech-related businesses, for thac matter, will will invariably face stiff legal challenges for good reason.
<br /> be able to obtain sires at bargain prices." In short. once a .community has decided to scay within me ,
<br /> I Spacing is not, of course, the only way to achieve-or avoid- consdtutionaJ boundaries in establishing its zoning, .
<br /> the effect of providing adequate land where adult uses arc draftsmanship is crucial to success in regulating adult WC5.
<br /> allowed. Its primary value in most cases is the dispersion of adult
<br /> uses, but some cities prefer to isolate such uses in particular areas
<br /> I of the city. Madison, Wisconsin, recently chose chac alternative permaiority
<br /> with a new ordinance that simply allows any adult entertainment
<br /> establishment to establish itself as . permitted use in the M I le5 Get Mixed ,.
<br /> I limited manufacturing district. Such establishments arc defined port
<br /> as <<an adult book store or video store or an adult motion picture
<br /> theacer: and all terms are defined fairly specifically. I[ should be , ('NO governments in fast growing metropolit
<br /> noted, however. that courts have not been sympathetic to conside requiring supermajority votes for changes
<br /> I .municipalities that offer industrial districts that pose serious lOning 0 . fiances. One adopted its use by one VOt
<br /> access problems. In the pre.Renron case of Basiardann v. City of rejected ch idea by the same narrow margin.
<br /> Galvmon, 682 F.2d 1203. 1209 (5th Cir. 1982), . federal Metro- e County, Florida, commissione
<br /> ) appeals coure struck down an ordinance where the district was Ie on Aptil 4. 1995. The law
<br /> I "largely a patchwork of swamps, warehouses, and railroad tracks . call for a two-thirds vote i ad of a simple
<br /> . . lack[ingJ access roads and retail establishments." majoriry to app YI: zoning changes in their l$tricts. To do
<br /> Even reasonably clear definitions will not avert all legal that, however. a missioner must prese " substantial
<br /> encanglements. Madison is in coure with one establishment that competent cvidenc that the change w d pl.ce an
<br /> I maintains that it is not covered by the definition but refuses to "unreasonable bued " on schools, ro . or parks in the .
<br /> divulge its sales or inventory figures. .according to planner Brad discrict. The law is d ned to make easier to block.
<br /> Murphy. The issue is whether the store can document its claim construction in crowde eighborh cis.
<br /> that selling or rencing adult videos is merely an accessory LJse In the following wee heate ebate arose in the local
<br /> I and not its primary business. media beC"Heen me law's sp .sor igud Diaz de I. Portill.,
<br /> and groups that oppose it, su [he Latin BuildctS
<br /> Basic Principles Association and the Builders dation of South Flotida. The
<br /> I The Eundamencallegal issues in regulating adult uses arc not builders claim chat the new I ffectivdya moratorium on
<br /> nearly so difficult for most planners and zoning officials as the new construcrion, and they Out the pocencial for abuse.
<br /> polirial ones-dcaling with the community pressures to shut Diaz de I. Pottill. defe by indicating that its goal
<br /> down existing or block pocential sexually oriented businesses. is managed growth, not growth. also offered planning
<br /> I Community groups orren demand more regulation than is likely department figures tha ow a 1 G-year pply (at current" rates if.
<br /> to pass consricurional muster when the owners of such of purchase) ofappro 1 zoned, buc as un built housing t
<br /> businesses inevitably challenge overly restrictive ordinances. units in Dade Coun . He defended his 0 motives by 'i
<br /> I Allowing adequate available land for such uses is just one issue, rcviewing his recor upporring numerous eloprnent projects i
<br /> but it happens [Q be one that still forces many communities to in the couney and s consistent support for r onsible, people-
<br /> defend themselves in court. sensitive de."do ent. In an April 20 Miami -aid article,
<br /> Ie is particularly important to distinguish between pa.tently Diaz de I. Po . J. wrotc, <<I have worked diligen to reform f,
<br /> I illegal sexual activities ;rod those that fall under the protective the zoning pr ess so that parents, families. stude . workers, f
<br /> cover of free speech. For example, many communities allow and ordina csidems have che same access and in t on zonIng
<br /> massag-= parlors only as accessory functions to other permitted decisions che powerful special interests." Despite strong
<br /> eses, such as hotels, health clubs, and the like, in part because of belief in e new law, Diaz de 1a Portilla tried to placa the ;
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<br /> I historical links between such activities and prostitution. ~ppos n by inrroduc"ing a.bill to define more dearly ~
<br /> I Moreover. massage is not free speech and enjoys no protected unr on.ble burden.
<br /> expression, unlike films, books, and ocher media of expression n June: 6. che Merro-Dade commission reconsidered ~
<br /> th:H may conrain explicit sexual material. Furthermore, it is also at a highly charged meeting actended by many suppOHe ,.
<br /> I cleaf that pornography or obscenity is noc protected speech, detractors of [he controversial ordinance. Homeowners c d i'
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