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CCP 11-16-1995
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CCP 11-16-1995
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<br /> 1\ 3/ro <br /> \ <br /> I. . <br /> . <br /> B. city of Renton v. Playtime Theatres. Inc., 475 U.S. 41 <br /> I, (1986) . <br /> - <br /> L Renton, Washington enacted an ordinance prohibiting <br /> .. adult motion picture theaters from locating within <br /> 1,000 feet of any residential area, church, park, <br /> or school. <br /> . 2. The Court upheld the constitutionality of the <br /> ordinance on the basis of a content-neutral time, <br /> place, and manner regulation for two reasons. <br /> First, the ordinance's purpose was unrelated to the <br /> . suppression of speech. Second, the ordinance's <br /> purpose was to preserve the quality of life (Le, <br /> it addressed adverse secondary effects). <br /> I 3. The standard of constftutional review for content- <br /> neutral time, place, and manner regulations is <br /> whether it serves a substantial governmental <br /> interest and allows for reasonable alternative <br /> I ,. ~ " .- avenues of communication. <br /> . ..'." The ordinance served substantial <br /> 4. Renton a <br /> governmental interest because the city relied upon <br /> I .i. other cities' studies showing adverse secondary <br /> ..' effects resulting from the location of adult <br /> .. entertainment businesses. Renton was not required <br /> 1/. to produce its own study involving the adult <br /> ....-...... businesses located within its boundaries. Renton's <br /> ,. <br /> ( . _ ". r.s..: reliance upon other cities' studies was reasonable <br /> ....- .-~ .... and gave it a basis to enact the zoning regulation. <br /> "."--'::';;1-'.- <br /> I -:::.'- 5. The Renton ordinance allowed for reasonable <br /> alternative avenues of communication. The effect <br /> of the ordinance 'was to limit adult theaters to <br /> I about five percent of the city's total land area. <br /> The city provided the adult businesses a reasonable <br /> opportunity to open and operate an adult theater in <br /> 1 the city. <br /> III. Three Really Important Eighth circuit Decisions Decided In <br /> - 1994. <br /> I A. Ambassador Books and Video v. Little Rock, Ark., 20 F.3d <br /> 858 (8th Cir.) cert. denied. 115 S.ct. 186 (1994) . <br /> L Little Rock reviewed studies from other cities all <br /> I of which showed an increase in crime and a decrease <br /> in property values in areas where adult businesses <br /> operated. <br /> I 2. Little Rock adopted a distance ordinance requiring <br /> 750 feet separation from adult uses and other adult <br /> .- uses, religious facilities, schools, and <br /> residential areas. <br /> 3 <br /> I <br />
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