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CCP 11-16-1995
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CCP 11-16-1995
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<br /> I 35/ Sb <br /> , <br /> I. e <br /> A. Supreme Court Decisions <br /> I - <br /> The U.S. Supreme Court upheld the validity of municipal adult entertainment <br /> I zoning regulations in Younq v. American Mini Theaters, Inc., 427 U.S. 50, 96 S.Ct. 2440 <br /> (1976), and City of Renton v. Playtime Theaters, Inc., 475 U.S. 41,106 S.Ct. 926 (1986H!/ <br /> I In Younq, the Court upheld the validity of Detroit ordinances prohibiting the <br /> operation of theaters showing sexually explicit "adult movies." within 1,000 feet of any <br /> I two other adult establishments.g/ The ordinances authorized a waiver of the 1,000-foot <br /> restriction if a proposed use would not be contrary .to the public interest and/or other <br /> I factors were satisfied. Younq, supra, 427 U.S. at 54 n.7, 96 S.Ct. at 2444 n.7. The <br /> ordinances were supported by urban planners and real estate experts who testified that <br /> I concentration of adult-type establishments "tends to attract an undesirable quantity <br /> and quality of transients, adversely affects property values, causes an increase in <br /> crime, especially prostitution, and encourages residents and businesses to move <br /> I elsewhere." Id. at 55, 96 S.C!. at 2445. A "myriad" of locations were left available for <br /> I- adult establishments outside the forbidden 1,000-foot distance zone, and no existing <br /> establishments were affected. Id. at 71 n.35, 96 S.C!. at 2453 n.35. <br /> I Writing for a plurality of four, Justice Stevens upheld the zoning ordinance as a <br /> reasonable regulation of the place where adult films may be shown because (1) there <br /> I was a factual basis for the city's conclusion that the ordinance would prevent blight; (2) <br /> the ordinance was directed at preventing "secondary effects" of adult-establishment <br /> concentration rather than protecting citizens from unwanted "offensive" speech; (3) the <br /> I ordinance did not greatly restrict access to lawful speech, and (4) "the city must be <br /> allowed a reasonable opportunity to experiment with solutions to admittedly serious <br /> I problems." Id. at 63 n.18, 71 nn.34, 35, 96 S. Ct. at 2448-49 n.18, 2452-53 nn.34, 35. <br /> I ~/ The only reported Minnesota court case reviewing an .adult entertainrnent zoning <br /> ordinance is Ci of St. Paul v. Carlone, 419 N.w.2d 129 (Minn. Ct. App. 1988) <br /> I (upholding faCia constltutlona Ity 0 t. aulordinance). . <br /> g/ The ordinances also prohibited the location of an adult theaters within 500 feet of a <br /> residential area, but this provision was invalidated by the district court, and that <br /> I decision was not appealed. Younq v. American Mini Theaters, Inc., 427 U.S. 50, 52 <br /> n.2, 96 S.C!. 2440, 2444 n.2 (1976). <br /> I- -31- <br /> I <br />
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