Agenda - Planning Commission - 08/29/2002

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7..B. July 10, 2002 -- Page 3 Adult Establishments -- Adult entertainment business limited to certain zoning districts Owner argues ordinance violated constitutional rights NEW YORK (6/4/02) -- Sinsations, an all-nude dance establishment located' in the city of Albany, had been in.operation.since 1983. DeRusso, the owner of Sinsations, challenged the enactment of a city zoning ordinance that limited the location of adult entertainment establishments to certain areas. Specifically, the ordinance restricted adult entertainment establishments to: the city's M-1 zoning districts, so long. as they were located at least 1,000 feet from any church, school, residential zoning districts, park, playground, play- ing ~ield,. and other.adult entertainment businesses. The ordinance also pro- vided such establ/shments c.oUld not exceed :10,000 square feet of floor area and cellar space not used for storage or mechanical equipment. DeRusso challenged the citY's enactment of the ordinance, alleg-ing const/- rational violations Under the First, Fourth, FilSh, Eighth, Ninth, and Fourteenth Amendments and seeking c .o. mpensato~ damages and attorneys' fees, She asked the court for a preliminary ihjunction, prohibiting the City from enlYrcmg the ordinance against her. · DE CISI'ON': Injunction denied. The court refused to issue a preliminary injunction against the city because DeRusso was unable to show she was likely to prevail on the met/ts of her claim. The zoning ordinance was content-neutral, not aimed at the content of DeRusso's expression or the operation of her business, but at the negative sec- ondary effects associated with th~ operation of her business. The city had a legitimate interest in preserving the quality of urban life and could rely On the relevant exper/ences of other cities in enacting Similar ordinances in deciding to enact the ordinance. .The ordinance was narrowly tailored, providing for 1,000,foot buffer zones around adult entertainment establishments and l~miring the size of such estab- lishments. These restrictions were sufficiently particular and were patterned after similar constitutional ordinances in other cities. The ordinance al]owed adult entertainment establishments to operate in I0 percent of the cig~'s total land area, and the city showed 13 potential sites dur- ing the hearing. The court found the ordinance restricting the operation of adult entertainment businesses to M-1 districts provided sufficient alternative av--' enues of communication, as requ/red under constitUtional law. ' ' Citation: DeRusso v. City of Albany, U.S. Dz;srrict Court for the lVorthern District of New York, No. 1.'01.~CV-699 (2002). Ordinance -- Owner argued enforcement of zoning ordinance on property used for golf cuurse constituted spot zoning Parcels surrounding proper~ had been rezo~zed for a variety of uses PENNSYLVANI_A (6/4/02) ~ Realen equitably owned a I35-acre parcel of 111