CCP 11-16-1995 - Laserfiche WebLink

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I "37/5CJ I. , state-licensed day care facility and certain public schools. It forbade an adults-only facility from operating within 500 feet of any other adults-only facility. Finally, the I ordinance required existing sexually oriented entertainment establishments to conform- to its provisions by moving to a new location, if necessary, within four years. . The Eighth Circuit ruled that the Minneapolis ordinance created restrictions too I severe to be upheld under the Younq decision. It would have required all five of the city's sexually oriented theaters and between seven and nine of the city's ten sexually I oriented bookstores to relocate and would have required these facilities to compete with another 18 adult-type establishments (saunas, massage parlors and "rap" parlors) I for a rnaximum of 12 relocation sites. The effective result of enforcing the ordinance would be a substantial reduction in the number of adult bookstores and theaters, and no new adult bookstores or theaters would be able to open, the Court concluded. I Alexander, supra, 698 F.2d at 938. . In Renton, supra, the United States Supreme Court adopted a clearer standard under which regulation of sexually oriented businesses could be tested and upheld. I. The Court upheld an ordinance prohibiting adult movie theaters from locating within 1,000 feet of any residential zone, single- or multiple-family dwelling, church, park or. school. I Justice Rehnquist, writing for a Court majority that included Justices Stevens and I Powell, stated that the Renton ordinance did not ban adult theaters altogether and that, therefore, it was "properly analyzed as a form of time, place and manner regulation." I Id. at 46, 106 S.Ct. at 928. When time, place and manner regulations are "content- neutral" and not enacted "for the purpose of restricting speech on the basis of its I content," they are "acceptable so long as they are designed to serve a substantial governmental interest and do not unreasonably limit alternative avenues of communication," Rehnquist stated. Id. He found the Renton ordinance to be content- I neutral because it was not aimed at the content of films shown at adult theaters. Rather, the city's "predominate concerns" were with the secondary effects of the I theaters. Id. at 47, 106 S.Ct. at 929 (emphasis in original). Once a time, place or manner regulation is determined to be content-neutral, "[t]he appropriate inquiry. . . is I whether the. . . ordinance is designed to serve a substantial governmental interest and I'. -33- I