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CCP 11-16-1995
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CCP 11-16-1995
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<br /> I '1/ /~ <br /> I. 11126 Saltimore Boulevard, supra, 684 F. Supp. at 895; see also Tollis v. San <br /> Bernadino County, 827 F.2d 1329, 1333 (9th Cir. 1987) (ordinance construed to prohibit <br /> I single Showing of adult movie in zoned area; invalidated for failure to present evidence- <br /> of secondary effects of single showing); but see Thames Enterprises v. City of St. Louis, <br /> I 851 F.2d 199, 201-02 (8th Cir. 1988) (observations by legislator of secondary effects <br /> sufficient) . <br /> I On the other hand, it is not necessary for each municipality to conduct research <br /> independent of that already generated by other cities. The Renton court held that <br /> I evidence of the need for zoning of sexually oriented businesses can be provided by <br /> studies from other cities "so long as whatever 'evidence the city relies upon is <br /> I reasonably believed to be relevant to the problem that the city addresses." Id. at 51, <br /> 106 S,Ct. at 931. See also SDJ, Inc. V. City of Houston, 837 F.2d 1268, 1274 (5th Cir. <br /> I 1988) (public testimony from experts, Supporters and opponents and consideration of <br /> studies by Detroit, Boston, Dallas and Los Angeles sufficient evidence of legitimate <br /> I purpose). <br /> I- The first section of this report summarizes evidence from various cities <br /> documenting the secondary effects of sexually oriented businesses. Following Renton, <br /> it is intended that local communities will make use of this evidence in the course of <br /> I assembling support for reasonable regulation of sexually oriented businesses. <br /> I 2. Availability of Locations for Sexually Oriented Businesses <br /> I Courts also evaluate whether zoning of sexually oriented businesses is merely a <br /> pretext for prohibition by reviewing the alternative locations which remain for a sexually <br /> I oriented business to operate under the zoning scheme. A municipality must "refrain <br /> from effectively denying . . . a reasonable opportunity to open and operate" a sexually <br /> I oriented business. Renton, supra, 475 U.S. at 54, 106 S. Ct. at 932. <br /> - Access may be regarded as unduly restricted if adult entertainment zones are <br /> I <br /> unreasonably small in area or if the number of locations is unreasonably few. There is <br /> - no set amount of land or number of locations constitutionally required. The Renton <br /> ~. <br /> l.e -37- <br /> !I <br /> - --- <br />
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