Agenda - Planning Commission - 02/05/2004

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Page 4 -- November 25, 2003 Z.B. Talk of the Town sued. Specifically, Talk of the Town argued its constitu- tional fights were violated because the city code failed to provide for prompt judicial review of such suspension decisions. The court ruled in favor of the city, finding the suspension did not violate Talk of the Town's rights. However, in its ruling, the court found the code was unconstitutional because of its failure to provide prompt judicial review. Both sides appealed. DECISION: Judgment in favor of city. Neither the code nor the suspension itself violated Talk of the Town's con- stitutionaI rights. The burdening of expressive conduct (e.g., erotic dancing) was merely the incidental result of the city's clear authority to enforce its generally applicable liquor license requi.rement..The presence of protected expressive conduct along- side unprotected, illicit conduct in the same establishment does not bar en- forcement of a generally applicable law. Consequently, [he suspension of Talk of the Town's erotic dancing license was justified because of Talk of the Town's liquor violations. There was no indication the suspension was intended to regulate expressive conduct. Since the code provisions did not address erotic dancing, but only liquor licensing in all city establishments (including ones with erotic dancing), the code did not violate constitutional requirements for speedy judicial review. Lrltimately, the city, could enforce both its code and the individual suspension. Citation: Talk of the Town v. Department of Finance and B~siness Services, 9th br.S, Circzdr Court of Appeals, Nos. 01-16303 & 01-16390 (2003). The 9th Circuit hasjz~risdicrion over Alaska, Ariz. ona, California, Guam, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. see also: 4805 Convoy Inc. v. City of San Diego, 183 F. 3d t108 (1999). see also: Baby Tam & Co. v. City of Las Vegas, 154 F. 3d 1097 (1998). Adult Entertainment -- Ordinance drafters testify they were only concerned with negative secondary effects Emergency ordinance affects siting o f adult business OHIO (09/22/03) -- BAS Enterprize Inc., operated adult entertainment cen- ters. It wanted to open a new one in the city of Maumvee. Soon airer BAS Enterpr/ze requested building perm/ts, the city passed an emergency ordinance adding restrictions for sexually-oriented businesses to the city code. The new ordinance did not completely ban adult establishments. However, it only allowed adult businesses to operate in industrial areas. It also included several per[ormance standards, such as spatial or distance requirements and the limitation that no such business could locate within 1,000 feet of a residen- tial zone, library, ;cffool, park, church, recreational facility, daycare, playground, or :;wi~un/ng pool. .i. 128