Local Regulation of Sexually Oriented Businesses
| Publication year | 1993 |
| Pages | 537 |
| Citation | Vol. 22 No. 3 Pg. 537 |
1993, March, Pg. 537. Local Regulation of Sexually Oriented Businesses
The Rocky Mountain News recently ran a series of articles on the rape crisis in Colorado.(fn1) As part of the series, the News published a map of rape "hot spots" in the Denver metropolitan area. Not surprisingly, many are areas in which there is a concentration of sexually oriented businesses, such as adult book stores and theaters and "peep" shows. Fourteen studies from around the United States have documented a strong connection between sexually oriented businesses and increased levels of crime in an area.(fn2) The studies also have shown that there are other adverse effects of sexually oriented businesses, including the reduction in the value of properties near the businesses and unhealthy sexual activity that may pose a serious risk of the transmission of diseases such as AIDS.
This article discusses the constitutional implications of enacting an ordinance regulating sexually oriented businesses; the importance of developing a good legislative history to support such an ordinance; and the types of regulations such ordinances usually contain.
In response to the findings of the surveys mentioned above, many communities have enacted ordinances imposing strict regulations on sex businesses. For example, Oklahoma City passed such an ordinance in 1984. Since then, many of the city's sexually oriented businesses have colsed or changed operations. Through 1989, the rape rate in the city decreased by 26 percent, while the rape rate in the rest of Oklahoma increased by 20.8 percent.(fn3) According to the district attorney of Oklahoma County,(fn4) there are only two factors that could account for this improvement: (1) the decrease in the number of sexually oriented businesses in the city and (2) more vigorous enforcement of the state obscenity statute.
In City of Renton v. Playtime Theaters, Inc.,(fn5) the U.S. Supreme Court considered an ordinance enacted by the City of Renton, Washington, prohibiting adult theaters from locating within 1, 000 feet of any residential zone, dwelling, church, park or school. The operators of two adult theaters brought an action seeking a declaratory judgment that the ordinance violated the First Amendment.
In upholding the ordinance, the court determined that the city was not trying to control the content of the films shown at the adult motion picture theaters, but rather the adverse secondary effects of such theaters on the surrounding community. Thus, the ordinance was a "content neutral" speech regulation. The Court reasoned that the appropriate inquiry was whether the Renton ordinance was designed to serve a substantial governmental interest and allowed for reasonable alternative avenues of communication.(fn6)
Applying this standard, the court held that Renton's interest in attempting to preserve the quality of urban life was one that must be accorded high respect.(fn7) Furthermore, because the ordinance left some 520 acres (more than 5 percent of the land in Renton) open to use as sites for adult theaters, the Court concurred with the district court's conclusion that there was ample accessible real estate for adult businesses in the city. The Court found that
the Renton ordinance represents a valid governmental response to the "admittedly serious problems" created by adult theaters. Renton has not used "the power to zone as a pretext for suppressing expression, " but rather has sought to make some areas available for adult theaters and their patrons, while at the same time preserving the quality of life in the community. . . .(fn8)
In 7250 Corp. v. Board of County Commissioners,(fn9) the Colorado...
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