Agenda - Planning Commission - 03/03/2005

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Page 2--February 10, 2005 Z~B. Adult Entertainment-- Regulations limit adult uses to an extremely limited amount of sites Business claims limitation makes, regulations unconstitut:'onal Citation: Executive Arts Studio [nc. v. City.of Grand Rapids, 6th U.S. Circuit Court of Appeals, No. 02-2183 (2004) The 6th Circuit has jurisdiction over Kentucky, Michigan, Ohio, and Tennessee. MICHIGAN (12/I0/04) -- Executive. Arts Studio Inc. operated an adult book- store in the city of Grand Rapids. Adult bookstores were prohibited from being established within 1,000 feet of any two other regulated uses, or within 500 feet of any area zoned for residential use. An adjacent property, owner complained, .claimi.' .ng. Executive Arts was in violation of city ordinances because of its location near a residential area. As a result, the city ordered Executive Arts to cease selling adult material. Executive Arts sued, arguing the ordinance was unconstitutional. The court ruled in its favor. The city appealed, arguing a similar ordinance enacted in a significantly larger city (Detroit) was held to be legal. DECISION:Affirmed, As applied, the ordinance was unconstitutional. Executive Arts was harmed due to the severe limitation on the number of sites available to it. Executive Arts was foreclosed from opening its store in all but six possible sites in ~ city with over 2,500 parcels of commercially useable real estate. This was wholly inadequate to provide for reasonable alternative avenues of communication. Zoning laws could be used to reduce the secondary effects of adult establishments to prevent crime, maintain property values, and protect and preserve the quality of the city's neighborhoods. However, zoning laws could not be used to suppress the expression of unpopular views. A zoning law did not violate the First Amendment if it served a substantial govern- mental interest and allowed for reasonable alternative avenues of communi- cation. Here, there was no doubt the city enacted the ordinances in the absolute good-faith belief that it was minimizing the secondary effects of adult establish- ments like Executive Arts. However, a valid ordinance would have merely dis- persed adult establishments throughout the city, not severely limited them. Ultimately, a valid constitutional ordinance from a city the size of Detroit was invalid in a city the size of Grand Rapids. see also: Executive Arts Studio Inc. v. City of Grand Rapids, 227 F. Supp.2d 731 (20O2). see also: Peterson Novelties Inc. v. City of Berkley, 305 F. 3d 386 (2002). © 2005 Quinlan Publishing Group, Any reproduction is prohibited: For more information please call (617) 542-0048. 100