6.2 Adult businesses.

• Jurisdiction: Arizona

A.R.S. § 11-811(A)(5) (the county zoning ordinance may provide for the use of business licenses in conjunction with the establishment of specified adult oriented businesses)

A.R.S. § 13-1422 (an adult oriented business shall not be located within one-fourth mile of a child care facility, a private, public or charter school, a public playground, a public recreational facility, a residence or a place of worship)

City of Littleton v. Z.J. Gifts D-4, L.L.C.,541 U.S. 774, 124 S. Ct 2219, 159 L. Ed. 2d 84 (2004) (adult business zoning/licensing ordinance that provided for appeal of license denial to the state district court but which did not by its terms mandate prompt judicial review was held to satisfy the requirement of a prompt judicial determination set forth in FW/PBS; the state's ordinary judicial review rules suffice to assure a prompt judicial decision, as long as the courts remain sensitive to the need to prevent First Amendment harms and administer those procedures accordingly)

City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425, 122 S. Ct. 1728, 152 L. Ed. 2d 670 (2002) (an ordinance banning multiple-use adult businesses survives summary judgment; a plurality of the Court concludes that the city may reasonably rely on a 1977 study finding that concentrations of adult businesses are associated with higher crime rates to demonstrate that the ban of multiple-use adult businesses serves its interest in reducing crime; Justice Kennedy, in his concurring opinion, opines that on remand the city must show that its 1977 study demonstrates that the ban has the purpose and effect of suppressing secondary effects, while leaving the quantity and accessibility of speech substantially intact)

Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S. Ct. 2456, 115 L. Ed. 2d 504 (1991)

FW/PBS v. City of Dallas, 493 U.S. 215, 110 S. Ct. 596, 107 L. Ed. 2d 603 (1990)

City of Renton v. Playtime Theatres, 475 U.S. 41, 106 S. Ct. 925, 89 L. Ed. 2d 29 (1986) (ordinance limiting adult uses to specific area upheld)

Schad v. Borough of Mt. Ephraim, 452 U.S. 61, 101 S. Ct. 2176, 68 L. Ed. 2d 671 (1981) (ordinance banning all live entertainment was unconstitutional)

Young v. American Mini Theatres, Inc., 427 U.S. 50, 96 S. Ct. 2440, 49 L. Ed. 2d 310 (1976) (municipality may constitutionally limit "adult" entertainment to certain areas of the city)

Alameda Books, Inc. v. City of Los Angeles, 631 F.3d 1031 (9th Cir. 2011) (in a challenge to an adult business zoning ordinance, the municipality must initially present evidence that the ordinance will reduce the negative secondary effects of such businesses without reducing speech in the same proportion; the burden then shifts to the plaintiff to cast doubt on the municipality's rationale or evidence; the burden then shifts back to the municipality to supplement the record with evidence renewing support for a theory that justifies the ordinance; to succeed in casting doubt on a municipality's evidence or rationale, a plaintiff must do more than point to a lack of empirical evidence or challenge the methodology of the municipality's evidence; when a municipality offers multiple rationales in support of an ordinance, the plaintiff must address each one;

...