NCJ Number
46767
Date Published
1977
Length
147 pages
Annotation
ZONING AS A MEANS OF CURBING AND CONTROLLING THE PROLIFERATION OF SEXUALLY ORIENTED BUSINESSES IS EXAMINED AND COMPARED TO MORE TRADITIONAL CONTROL METHODS.
Abstract
THE DISCUSSION OPENS WITH A REVIEW OF SOCIAL, POLITICAL, AND LEGAL FACTORS AFFECTING THE CONTROL OF PORNOGRAPHY AND COMMERCIAL SEX ESTABLISHMENTS. THE LEGAL AND PRACTICAL DRAWBACKS OF TRADITIONAL APPROACHES TO CONTROL ARE POINTED OUT, WITH REFERENCE TO THE EXTENSIVE AND LARGELY INEFFECTIVE RELIANCE UPON CRIMINAL PROSECUTION. DETAILED ANALYSES OF U.S. SUPREME COURT DECISIONS IN YOUNG V. AMERICAN MINI THEATRES, INC., AND RELATED CASES ARE PRESENTED, WITH A VIEW TOWARD IDENTIFYING GROUNDS ON WHICH ADULT USE ZONING ORDINANCES MAY BE CONSTITUTIONALLY CHALLENGED. THE MATTER OF STATUTORY AND COMMON LAW NUISANCE -- A FORM OF LAND USE CONTROL CLOSELY RELATED TO THE SUBJECT OF ZONING -- IS CONSIDERED AS IT APPLIES TO ADULT COMMERCIAL ENTERPRISES. THE REPORT IS DIRECTED TO NONLAWYERS AS WELL AS LAWYERS AND IS INTENDED TO CONVEY INFORMATION OF USE TO BOTH PROPONENTS AND OPPONENTS OF ADULT USE ZONING LEGISLATION. THE ELEMENTS OF A VALID ADULT USE ZONING PLAN ARE ENUMERATED, AND POTENTIAL POLITICAL OBSTACLES TO IMPLEMENTING SUCH A PLAN ARE NOTED. EXAMPLES OF ADULT USE LEGISLATION FROM 10 COMMUNITIES ARE APPENDED. (AUTHOR ABSTRACT MODIFIED --LKM)