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Constitutional Law • First Amendment - Free Speech
CONLAW#130
Legal Definition
The government may use zoning ordinances to regulate the location of adult bookstores and movie theaters for the purpose of reducing secondary effects.
Plain English Explanation
Cities have the power to decide where certain types of businesses can be located through zoning laws. One type of business that cities often regulate are "adult" businesses, like adult bookstores and movie theaters that sell or show pornographic content.
The main reason cities regulate the location of these adult businesses is to reduce what are called "secondary effects" - the indirect negative impacts that the presence of these businesses can have on the surrounding area. For example, cities may be concerned that having an adult bookstore in a certain neighborhood could lead to increased crime, decreased property values, or a change in the character of the community.
So, to address these concerns, cities are allowed to create zoning laws that restrict adult businesses to certain areas, like industrial districts far from schools, churches and residential areas. The goal is to balance the First Amendment rights of these adult businesses to exist and operate, while also protecting the interests of the community as a whole.
It's important to note that cities cannot completely ban adult businesses or make it practically impossible for them to operate. The zoning laws must still leave "reasonable alternative avenues of communication," meaning there have to be some viable places where adult businesses are allowed to locate within the city. Cities just have a lot of discretion in deciding where those areas should be in order to minimize secondary effects on the community.
The main reason cities regulate the location of these adult businesses is to reduce what are called "secondary effects" - the indirect negative impacts that the presence of these businesses can have on the surrounding area. For example, cities may be concerned that having an adult bookstore in a certain neighborhood could lead to increased crime, decreased property values, or a change in the character of the community.
So, to address these concerns, cities are allowed to create zoning laws that restrict adult businesses to certain areas, like industrial districts far from schools, churches and residential areas. The goal is to balance the First Amendment rights of these adult businesses to exist and operate, while also protecting the interests of the community as a whole.
It's important to note that cities cannot completely ban adult businesses or make it practically impossible for them to operate. The zoning laws must still leave "reasonable alternative avenues of communication," meaning there have to be some viable places where adult businesses are allowed to locate within the city. Cities just have a lot of discretion in deciding where those areas should be in order to minimize secondary effects on the community.
Hypothetical
Hypo 1: Bob owns an adult video store in the town of Pleasantville. The store has been in the same location for 10 years, in a commercial district near the highway. Recently, the town passed a new zoning ordinance that prohibits any adult businesses from being located within 1,000 feet of any residential areas, schools, churches or parks. Bob's store is 500 feet from a church. The town orders Bob to relocate his store within 90 days or face fines and possible closure. Result: This scenario is a textbook example of the zoning power being used to regulate adult businesses to mitigate secondary effects. Pleasantville's ordinance appears to be aimed at protecting children and families by keeping adult businesses away from sensitive uses like schools, churches and homes. As long as the ordinance leaves Bob reasonable alternative locations in the town to operate his store, it would likely be upheld as a valid exercise of zoning power under this rule. Bob will have to comply and relocate.
Hypo 2: Sam wants to open a small adult bookstore in the town of Purity. When he applies for a business license, he's informed that a recently passed zoning ordinance prohibits any new adult businesses from opening anywhere within town limits. Town officials explain they don't want the "wrong element" in their community. Result: This ordinance goes too far and is not a proper use of zoning power to regulate adult businesses. By completely banning any new adult businesses, Purity is effectively suppressing protected speech. The ordinance doesn't leave open any reasonable alternative locations, which violates the First Amendment. Sam would have a strong case to challenge the ordinance in court.
Hypo 3: Timmy's Tavern, a local strip club in the town of Middlesville, is located in a remote industrial area on the outskirts of town, as required by the town's zoning laws. Bert, a local preacher, leads a group of concerned citizens to pressure the town council to pass a new ordinance forcing Timmy's to close down completely. They argue that despite its remote location, the club is still harming the town's moral fiber. Result: The town cannot use zoning laws as a backdoor way to eliminate all adult businesses, even if some find them objectionable. As long as Timmy's is complying with the existing ordinance and is located in one of the permissible zoning districts for adult businesses, the town can't change the rules to target this specific business. The ordinance likely violates the First Amendment by going beyond reasonable zoning regulations into censorship.
Hypo 2: Sam wants to open a small adult bookstore in the town of Purity. When he applies for a business license, he's informed that a recently passed zoning ordinance prohibits any new adult businesses from opening anywhere within town limits. Town officials explain they don't want the "wrong element" in their community. Result: This ordinance goes too far and is not a proper use of zoning power to regulate adult businesses. By completely banning any new adult businesses, Purity is effectively suppressing protected speech. The ordinance doesn't leave open any reasonable alternative locations, which violates the First Amendment. Sam would have a strong case to challenge the ordinance in court.
Hypo 3: Timmy's Tavern, a local strip club in the town of Middlesville, is located in a remote industrial area on the outskirts of town, as required by the town's zoning laws. Bert, a local preacher, leads a group of concerned citizens to pressure the town council to pass a new ordinance forcing Timmy's to close down completely. They argue that despite its remote location, the club is still harming the town's moral fiber. Result: The town cannot use zoning laws as a backdoor way to eliminate all adult businesses, even if some find them objectionable. As long as Timmy's is complying with the existing ordinance and is located in one of the permissible zoning districts for adult businesses, the town can't change the rules to target this specific business. The ordinance likely violates the First Amendment by going beyond reasonable zoning regulations into censorship.
Visual Aids
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