10-18-1999 Planning Packet - Laserfiche WebLink

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A. Supreme Court Docisions The U.S. Supreme Court upheld the validity of municipal adult entertainment zoning regulations in Youno v. American Mini Theaters. Inc., 427 U.S. 50, 96 S.Ct. 2440 (1976), and City of Renton v. Playtime Theaters. Inc.. 475 U.S. 41,106 S.Ct 926 (1986).8/ In Young, the Court upheld the validity of Detroit ordinances prohibiting the operation of theaters showing sexually explicit "adult movies." within 1,000 feet of any two other adult establishments .9/ The ordinances authorized a waiver of the 1.000-foot • restriction if a proposed use would not be contrary to the public interest and/or other factors wore satisfied. Young, supra. 427 U.S. at 54 n.7, 96 S.Ct at 2444 n.7. The ordinances were supported by urban planners and real estate experts who testified th^ concentration of adult-typo establishments "tends to attract an undesirable quantity and quality of transients, adversely affects property values, causes an increase in Clime, especially prostitution, and encourages residents and businesses to move elsewhere.’ at 55, 96 S.Ct at 2445. A "myriad" of locations were left available for adult establishments outside the forbidden 1.000-foot distance zone, and no existing establishiTients were affected, jd. at 71 n.35,96 S.Ct at 2453 n.35. Writing for a plurality of four, Justice Stevens upheld the zoning ordinance as a.... reasonable regulation of the place where adult films may be shown because (1) there . was a factual basis for the city’s conclusion that the ordinance would prevent blight; (2) . the ordinance was directed at preventing "secondary effects* of adult-establishment concentration rather than protecting citizens'from unwanted "offensive ’ speech; (3) the y.-. ordinance did not greatly restrict access to lawful speech, and (4) "the city must te allowed a reasonable opportunity to experiment with soluticns to admittedly serious problems.’ ]d. at 63 n.18,71 nn.34,35,96 S. Ct at 2448-49 n.18, 2452-53 nn.34,35. 8/ The only reported Minnesota court case reviewing an adult entert^ment zonlrra ' ordinanw i^itv of St. Paul v. Carlone. 419 N.W.2d 129 (Minn. Ct App. 1988) (upholding facial constitutionaiity of St l^aul ordinance). 9/ The ordinances also prohibited the location of an adult theatere vnthin 500 fort of a ~ residential area, but this provision was Invalidated by the district court, and tnrt . • decision was not appealed. Young v. American Mini Theaters, Inc.. 427 U.S. 50, 5Z n.2. 96 S.Ct. 2440. 2444 n.2 (1976). -31-