Agenda - Planning Commission - 09/02/2004

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August 10, 2004 ~ Page 3 Adult Entertainment -- Video store argues studies justifying ordinances showed '2shoddy data" Complains studies did not Jbcus on "retail-only" adult businesses Citation: World Wide Video of Washington [nc. v. City of Spokane, 9th U.S. Circuit Court of Appeals, lVo. 02-3,5936 (2004) The 9th Circuit has jurisdiction over Alaska, Arizona, California, Guam, Hawaii, idaho, Montana~ Nevada, Oregon, and Washington. WASHINGTON (05/27/04) -- In the late 1990s, Spok.ane city leaders gew concerned with the opening of several adult stores in residential areas. To develop a legislative response to this situation, the city compiled infor- mation, specifically studies from other municipalities, relevant court decisions, and police records, documenting the adverse secondary effects of adult stores. After a hearing where the city took citizen testimony regarding adult busi- nesses, the city passed several ordinances intended to curb the secondary ef- fects of such business, importantly, six of the area stores, including World Wide Video of Washington Inc., were ordered to relocate or close. World Wide sued, and the court ruled in favor of the city. World Wide appealed, arguing because Spokane's studies did not deal ex- clusively with retail-only stores such as World Wide, the city impermissibly relied on shoddy data and reasoning. To bolster its argument, World Wide presented the court with an extensive study concluding problems with indreased crime rates and decreased property value were hmited to the neighborhood around a store that had preview booths for on-site viewing. DECISION: Affirmed. The ordinances were legally enacted because much of the citizen testi- mony during the hearing concerned retail-only stores. For example, a pedodontist working in a building less than a block away from a retail-only store complained of pornographic litter, harassment of fe- male employees, vandalism, and decreased business, all resulting from his proximity to the retail-only store. World Wide's claim citizen complaints such as these were biased and unscientific was insufficient to create direct doubt on the city's testimonial evidence. Among the secondary effects Spokane sought to curb by enacting the ordi- nances were the economic and aesthetic impacts upon neighboring properties and the community as a whole. Through testimonial evidence, Spokane showed retail-only stores gener- ated these secondary effects. Consequently, the city's interests in enacting the ordinances would be achieved tess effectively absent the regulations. It was clear the ordinances were sufficiently narrowly tailored to accomplish this pmloose without violating World Wide's constitutional rights. .;'ee c'dso: G.M. Enterprises Inc. v. Town of St. Joseph, 350 F. 3d 631 (2003). 2004 Quinlan ,':".ff)lishing Group. ,Any reproduction iS prohibited. For more information please call (617) 542-0048. 81