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<br />I, S(G <br />I " <br /> <br />. 2. In 1992, a bookstore (with an inventory of 60% <br />I. general bookstore reading material and 40% adult <br />, material) opened up within 750 feet of the public <br />library. Bookstore claimed it was not an "adult <br />I' bookstore" as a substantial or significant portion <br />of its inventory was not devoted to adult material. <br />3. Bookstore challenges ordinance's constitutionality <br />1 arguing city cannot rely upon studies of bookstores <br />which do not have a mixed inventory (adult <br />bookstores with non-adult material as well as adult <br />material) nor on-site consumption (i.e., peep <br />I shows). Eighth circuit says "(tJhat is simply not <br />the law." Rochester need not show that this <br />bookstore "will likely have the exact same adverse <br />I effects on its surroundings as the adult businesses <br />stUdied by Indianapolis, St. Paul, and Phoenix." <br />4. Eighth circuit found no vagueness or overbreadth <br />problems with "substantial or significant" <br />I .,. .,. language. <br />~.;--: <br /> <br />1 Iv -.' ,RUJDblings wi thin The Ranks i Lower Federal Courts Are Uneasy <br />.:. ..,With Commercial Viability of Alternative sites. <br /> <br /> <br />./.... . ''-X. city of Renton requires zoning ordinance to allow for <br />~ . "reasonable alternative channels of communication." <br /> <br />1 L Renton's ordinance left 520 acres (5% of city's <br />land area) open to adult theaters. Land consisted <br />of significant accessibility to travel, but some <br />I parcels were occupied, none of the undeveloped land <br />was for sale, and the land was not "commercially <br />viable" for adult theaters. <br />2. Supreme Court said adult theaters "must fend for <br />I themselves in the real estate market, on an equal <br />'" ... footing with other prospective purchasers and <br />lessees." city not required "to obtain sites at <br />I bargain prices." <br />3. Thus, city did not effectively preclude adult <br />businesses from operating. <br /> <br />lB. Woodall v. Citvof El Paso, 959 F.2d 1305 (5th Cir. 1992) <br />amendinq 950 F.2d 255. <br /> <br />1 1. El Paso's ordinance made available only 78 sites on <br />slightly less than one percent of city's total <br />land. <br />I 2. Fifth Circuit held that jury instruction concerning <br />alternative sites, which was based upon Renton, was <br />in error. Instruction should have included <br />. statement that "land with physical characteristics <br /> <br />I 5 <br />1 <br />