Document Type
Article
Publication Date
1999
Publication Title
Urban Lawyer
Abstract
This year's report concentrates on recent legal developments concerning regulation of the location of "adult entertainment businesses." Such regulations raise serious constitutional issues because the First Amendment's guarantee of freedom of expression extends to non-obscene sexually oriented media. The U.S. Supreme Court, however, has established that local government may single out adult businesses for special regulatory treatment in the form of locational restrictions if the local government can show a substantial public interest in regulating such businesses unrelated to the suppression of speech and if the regulations allow for "reasonable alternative avenues of communication," which essentially translates into a reasonable number of alternative locations. An ordinance will be struck down, however, when government officials attempt to regulate because they object to the sexually explicit messages conveyed by adult businesses or seek to exclude, or severely restrict, adult businesses through an outright ban or excessive locational requirements.
Repository Citation
Weinstein, Alan C., "Zoning Restrictions on Location of Adult Businesses" (1999). All Maxine Goodman Levin School of Urban Affairs Publications. 0 1 2 3 62.
https://engagedscholarship.csuohio.edu/urban_facpub/62
Original Citation
Alan C. Weinstein, Zoning Restrictions on Location of Adult Businesses, 31 Urban Lawyer 931 (1999).
Volume
31
Issue
4
Included in
Entertainment, Arts, and Sports Law Commons, First Amendment Commons, Land Use Law Commons, State and Local Government Law Commons, Urban Studies Commons
Comments
Reprinted in ALI-ABA Course of Study, Land Use Institute: Planning, Regulation, Litigation, Eminent Domain, and Compensation, Update on Land Use and the First Amendment, SE 11 ALI-ABA 539 (1999).