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city of St. Paul v. Carfone. 419 N.W.2d 129 (Minn. Ct. App. 1988). <br />FACTS:The owner of a nude cabaret appealed a temporary ii.jtmotion that <br />prohibited him from operating the establishment in vlolatior. of St. <br />Paul's adult use ordinance. The St. Paul Code defined "adult uses" es <br />uses that are not open to the public generally and that exclude persons <br />under the age of 18 years by reason of age; the Code further required <br />any adult use to obtain a conditional use permit to operate. Carlone <br />argued his establishment was not an adult use because he freely <br />admitted minors. He also argued that the adult use ordinance was <br />facially unconstitutional and that the temporary injunction was <br />overbroad. <br />ISSUE:Did the trial court err in issuing a temporary Injunction restraining <br />Carlone from operating his nude cabaret? <br />HOLDING: The trial court did not abuse its discretion. <br />RATIONALE: The Court of Appeals rejected Carlone's argument that his nude cabaret <br />was not an adult use, since a 1987 statutory amendment making It <br />unlawful to admit minors to such an establishment precluded Carlone <br />from lawfully admitting minors to his establishment. The Court then <br />analyzed the constitutionality of St. Paul's ordinance and implicitly <br />concluded that it was a content-neutral zoning ordinance designed to <br />combat undesirable secondary effects of adult businesses. The Court <br />found that the zoning ordinance was designed to serve the substantial <br />government interest of protecting the City's neighborhoods, and that <br />reasonable alternative avenues of communication were provided <br />because the zoning scheme did not prohibit adult uses, but merely <br />required that they be adequately spaced to prevent potential harm to <br />surrounding neighborhoods. Finally, the Court held that the temporary <br />injunction was not overbroad because it did not prohibit Carlone from <br />using his property In a productive manner, but merely precluded him <br />from using the property as an adult use without obtaining a conditional <br />use permit. <br />A - 11