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<br /> I in ~c:n(Qn. The R~ncon law tended co conccnrracc adulc although che dividing line chen: has noc always been so clear.
<br /> .:l.CilitiC:S by forcing chcm ro locate: at lease t ,000 feet from any The most es.sencial poine is chac a community must make
<br /> rc:sidc:ncial zone, family dwelling, church, park. or school. de:u char its motive: docs noc involve: any suppression of free
<br /> It' Two issues faced Remon: whcther iu: rc:liance on Seatde's speech and docs not ;lim co influence the content of any
<br /> findings was proper and whether its 'Zoning aHowed adequ:uc communication. Deuol! and Renton both succeeded in pare by
<br /> available [and for adult uses. The Supreme Coun sided with the documenting a harm to the communiry char was dirc:cdy
<br /> cicy on the first count, deeming its reliance on Seattle's study addr<ssed by the specifLc eypes of regulations adopted, The
<br /> I reasonable under the circumstances. Moreover, the Court ruled constitutional value of such a justification is JUSt as important in
<br /> that because Remon's otdinance left some 520 acres, or five percent coday's Qses as it was 10 Of 20 years ago. l.
<br /> of the ciry's land area, availabltfbr adult uses, it did noc have the Finally, dear and concise definitions ate at least as important I
<br /> I effect of suppt<ssing protected <xpr<ssion. Rejecting the logic of the in regulating adult uses as they are with any other rype of
<br /> appeals court that had overturned me ordinance, the COUrt found zoning. Definitions that can be too easily incerpreted co include
<br /> immaterial the fact that some of the 520 acres was 2..Iready occupied nude paintings in a legitimate art gallery, sexually explicit i
<br /> or too expensive, because "we have never suggested that me First language in books and movies with signifkant liteJ4.ry content .~.
<br /> I Amendmenr compels the government to ensure that adult theaters or social commentary. and other free. ranging "loose cannons"
<br /> a,ld other kinds of speech-related businesses, for that mauer, will will invariably face stiff legal challenges for good reason.
<br /> be able to obtain sites at bargain prices." In shorr, once a .community has decided to sta.y within the
<br /> I Spacing is noc, of course, me only way to achieve-Qr avoid- constitutiona,J boundaries in establishing its 'Zoning. .-
<br /> the effect of providing adequan: land where adult uses are draftsmanship is crucial to success in regulating adult uses.
<br /> allowed. Irs primary value in most cases is me dispersion of adult
<br /> uses, but some cities prefer to isolate such us.c:s in particular areas
<br /> I of rhe cicy. Madison, Wisconsin, recencly chose that alternadve permaiority
<br /> with a new ordinance mat simply allows any adult entenainmcnc
<br /> establishment to establish itself as a permitted use in me M 1 les Get Mixed ~
<br /> limited manufacturing district. Such establishments are defined port
<br /> I as "an adult book store or video store or an adult motion picture
<br /> cheater," and all terms :lIe defined fairly specifically. It should be . cwo governments in fast growing metropolit
<br /> noted, however, that courts have not been sympametic to conside requtring supermajoriry votes for changes
<br /> I . municipalicies <har offer industrial districts that pose serious zonmgo 'nances. One adopted its use by one VOt
<br /> access problems. In me pre-Renton case of BaJiardan~s v. City of rejected ili idea by me same narrow margin.
<br /> Galv"'on, 682 F.2d 1203, 1209 (5<h Cir. 1982), a federal Metra- e Counry. Florida. commissione
<br /> ) appeals coun: struck down an ordinance where me district W2S Ie on April 4, 1995. The law
<br /> I "largely a patchwork of swamps. warehouses, and railroad tracks . call for a cwo-mird..s vore i d of asimple "".
<br /> _ . lack[ingJ access roads and retail establishments." majority to app ve zoning changes in their lstricts. To do
<br /> Even reasonably dear definitions will not avert all legal that, however, a missioner must prese "substantial
<br /> entanglements. Madison is in COUft with one C5t:1blishment that competent evidenc that the change w d place an
<br /> I maincains that it is not covered by the definition but refuses to "'unreasonable hurd .. on schools, ro . or parks in the "
<br /> divulge its sales or inventory figures. according to planner Brad district. The Jaw is d ned to make easier to block
<br /> Murphy. The issue is whether me store can document its claim construction in crowde cighborh cis,
<br /> that selling or renting adult videos is merely an accessory ~se In the following wee heate ebate arose in the local
<br /> I and not its primary business. media between me [aw's.sp sQr igud Oiaz de la Porrilla,
<br /> and groups that oppose it. su the Latin Builders
<br /> Basic Principles Association and me Builders ciarion of South Florida. The "
<br /> I The Fundamenta.llegal issues in regulating adult uses are not builders claim that the new I ffectivdy a moratorium on
<br /> nearly so difficult for most planners and zoning officials as me new construction, and they nrry au[ the potencial for abuse.
<br /> political ones---aealing with the community pressures to shut Oiaz de la Parrilla defe s the la by indicating thar its goal
<br /> down existing or block potencial sexually oriented businesses. is managed growth, not growth. also offered planning
<br /> I Community groups often demand more regulation than is likely department figures tha ow a 16-year pply (at current rates iF
<br /> to pass constitutional muster when the owners of such of purchase) of appto ,zoned, but as unbuilt housing i
<br /> businesses inevitably chaJlenge overly restrictive ordinances, units in Dade Coun . He defended his 0 motives by
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<br /> Allowing adequate availablc land for such uses is just one issue. reviewing his recor uppomng numerous dopment projects ~
<br /> I but it happens to be one that still forces many communities [0 in the counry and s consistent support for r onsible, people-
<br /> defend themselves in COUrt. sensttive devdo ent. In an April 20 Miami 'aid article,
<br /> It is panicularly important to distinguish betwe:en patently Oiaz de la Po ' a wrote. "1 have worked diligen to reform i
<br /> I illegal sexual activities and rhose that fall under me protective:: the zoning pr ess so that parents. famtlies, stude: . workers. 'f
<br /> cover of free speech. For example, many communities allow and ordina reside:ms have: the same access and in f
<br /> massage parlors only as accessory functlons co othcr permitted decisions ~he powe:rful special interests." Despite
<br /> , uses, such as hotds, health clubs, and rhc like, in pan because of bdlefin e new law. Diaz de la Portilla reie:d to plao. ;-
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<br /> I historical links between such activities and prostitution. ~ppos n by inrroducJng a.bill to define more clc.uly Q
<br /> More:over, massage is not free speech and cnjoys no protected unr on able burden. ';
<br /> expression, unlike films, books. and other media of expression n June 6. the Mereo-Dade commission reconsidered ~
<br /> that may cont.ain explicit sexual material. Furthermore, it is also at a highly charged meeting attended by many supporte ~.
<br /> I clear chat pornography or obscenity is not ptotccred speech, detractors of che concrove:rsial otdinance. Homeowners t d
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