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<br />rp/b ,~, I I <br />. . I <br /> <br />that render it unavailable for any kind of -(.. <br />developme~t, or legal characteri~tics that 7xclud~ <br />adult bus1nesses, may not be cons1dered 'ava1Iable' <br />for constitutional purposes under Renton." <br /> <br />C. Grand Brittain. Inc. v. city of Amarillo, 27 F.3d 1068 . <br />(5th Cir. 1994). <br /> <br />1. Amarillo made 63 locations available for adult I <br />businesses. Ninety percent were undeveloped and <br />without infrastructure and utilities. No more than . <br />five had existing structures and only two had <br />available buildings. Most had electricity <br />available, many had gas available, some required <br />water and sewer, ten had undesirable topographical I <br />problems, and one had no access. <br />2. Yet, the Fifth Circuit found that the city <br />furnished adequate alternatives. <br />3 . "Whether a particular business can succeed on such. I <br />sites is not the question and it could not be." <br />4. "In short, Citv of Renton and Woodall ensure that <br />.,' adult businesses have access to a commercial real . <br />estate market, but do not guarantee that a specific <br />adult business can obtain existing commercial sites <br />at low 70st and with 'market' access to assure its .~. <br />prosper1 ty . " t..- <br /> <br /> <br />D. Topanqa Press, Inc. v. Citv of Los Anqeles, 989 F.2d 1524 I <br />(9th Cir. 1993). <br /> <br />1. Rejected Woodall's distinction between economic 1 <br />unsuitability and physical/legal unsuitability. <br />Instead, court said property is NOT potentially <br />available when it is unr~asonable to believe that . <br />it would ever become available to any cO!lllllercial <br />enterprise. <br />2. How do you determine whether property would ever <br />become available to any commercial enterprise? I <br />First, consider if it is "reasonably accessible" to <br />the general public. Second, check for "a proper <br />infra-structure" of sidewalks, roads, and lighting. I <br />Third, determine whether these are reasonable sites' <br />for ~ commercial enterprise (forget existing <br />warehouses, swamps, and sewage treatment plants). <br /> <br />E. The "alternative avenues of communication" portion of . <br />Renton appears to be traveling a bumpy road. Look for <br />adul t entertainment interests to spend more time . <br />litigating the commercial viability of a city's claimed <br />alternative sites. ~ <br />offi::elbcxbtr.cQ. <br /> <br />6 . 1 <br />1 <br />