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Page 2 -- November 25, 2004 Z.B. Adult Entertainment --Adult businesses claim sign restrictions make it harder to find them Municipality counters restrictions are content-neutral Citation: Ace's ]nc. v. Mttnicipaliry of Anchorage, U.S. District Court for the District of Alaska, No. A00~248 CV (JWS) (2004) ALASKA (09/15/04) -- Ace's Inc. operated several adult-oriented businesses that sold explicit videos, magazines, novelties, and other items within the Mu- mcipakity of Anchorage. The Anchorage Assembly passed sign restrictions relating to adult busi- nesses. The sign restrictions did not restrict the language on the sign, but did limit the size and location of the signs. Ace's sued, arguing the restrictions substantially impaired people's abili- ties to locate its adult businesses. The municipality asked the court to dismiss the case since its restrictions were content-neutral. DECISION': Judgment in favor of Ace's. The mumcipality was not entitled to judgment. The court determined it was clear the restrictions were directed at attempt- Lng to curb the secondary effects of adult businesses, such as decline in prop- erty values, increase in the level of criminal activity, and degradation of the community standard of morality. However, there was nothing in the record that supported the conclusion that the sign restrictions advanced the interest in dampening those secondary effects. Also, there was nothing in the record concerning the exact nature of the restrictions. In fact, too substantial a restriction on signs could be counterpro- ductive. For example, prohibiting the use of signs could result in children enter- ing adult-oriented businesses by mistake, Wh/le the municipality was free to draw on experiences and studies in other communities to create zoning restrictions of various sorts on adult businesses, the municipality pointed to no study or other evidence that supported the conclusion that making it harder to identify which businesses were adult-ori- ented was reasonably related to the goal of reducing the secondary effects. see also: City of Los Angeles v. Alameda Books Inc., 535 U.S. 425, 122 S. Ct. ]728, I52 L.£d. 2d 670 (2002). Free Speech -- Sign regulations prohibit political signs in business district Can oMy display if lJut in place of permitted commercial.signs Citation: BeaMieu v. Ci~, of ,4labasze~; U.S. District Coarr ~br the Northern District of Aiabama, So~thern Division, No. C%04-BE-22]J-.S (2004) ~'-VL,K13,%¥1A (09/24/04) -- Beaulieu was an attorney, bler office was located in a business district that allowed only one on-premise sign. Beauiieu ran as a candidate for circuit judge, tn an aaempt ro generate 2004 qu]man ?ur)lisnin9 Group. Any :eproouction s pronibimd. For more .nformaiion please ,:alt i617! .542-0048, 86