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This case involves a constitutional challenge to a zoning ordinance, enacted by Appellant city of RentonWashingtonthat prohibits adult motion picture theaters from locating within 1, feet of any residential zone, single- or multiple-family dwelling, church, park, or school. No such uses existed in the city at that time.
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A department shall recommend denial of a under this subsection if it finds that the proposed adult entertainment establishment is not in conformance with the requirements of this chapter or other law in effect in the city. This chapter is intended to prevent the secondary effects that have historically and regularly accompanied the operation of adult entertainment businesses, including but not limited to the incidence of prostitution, sexual conduct with the opportunity for transmission of sexually transmitted diseases, employment or involvement of minors, violation of controlled substance and alcoholic beverage laws, assaults, breaches of the peace and the presence within the industry of individuals with hidden ownership interests and outstanding arrest warrants.
To detect and deter such conduct and reduce the potential for the spread of sexually transmitted diseases, it is necessary to regulate the configuration and facility specifications, as set forth in this chapter, of spaces used by more than one individual to view adult entertainment. Notwithstanding a lapse in the effectiveness of aan application shall be processed as a renewal application if it is filed within 10 days after a expired. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
What motivates one legislator to make a speech about a statute is not necessarily what motivates scores of others to enact it, and the stakes are sufficiently high for us to eschew guesswork.
A recommendation for denial shall cite the specific reason therefor, including applicable laws. To effectively deter such conduct and assist law enforcement in detecting it, thdater is necessary that all erotic performances in an adult club occur on a stage which is at least 10 feet from the nearest customer.
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As Justice Powell observed, "if the city had been concerned with restricting the message purveyed by adult theaters, it would have tried to close them or restrict their rather than circumscribe their choice as to location. Any adult entertainment establishment approved prior to the premises construction shall contain a condition that the premises may not be open for business until the premises have been inspected and determined to be in substantial conformance with the drawing submitted with the application.
City of Bellevue, Wn. The manager shall retain the s of the adult entertainers readily available for inspection by the city at any time during business hours of the gheater entertainment business.
King County, Wn. If the director fails to issue or deny the within said day period, the is deemed issued on the date the completed application was received and the applicant may perform, subject to all other provisions of this chapter, the function for which the was sought.
The District Court found that the City Council's "predominate concerns" were with the secondary effects of adult theaters, and not with the content of theaetr films themselves. The application form must be verified and certified to be complete and true under penalty of perjury by the notarized ature of the applicant, if the applicant is an individual.
But the Court of Appeals concluded that this was not enough to sustain the ordinance.
Existing standards of conduct and facility specifications have not deterred customers from engaging in sexual conduct in such businesses. Describing the ordinance as a time, place, and hteater regulation is, of course, only the first step in our inquiry. There, although five Members of the Court did not agree on a single rationale for the thearer, we held that the city of Detroit 's zoning ordinance, which prohibited locating an adult theater within 1, feet of any two other "regulated uses" or within feet of any residential zone, did not violate the First and Fourteenth Amendments.
The ordinance by its terms is adult to prevent crime, protect the city's retail trade, maintain property values, and generally "protect and preserve the quality of neighborhoods, commercial districts, and the quality of urban life," not to suppress the expression of Seattle views. It is not the intent of the city council that this chapter have either the purpose or effect of suppressing speech activities protected by the constitutions of the United States and the State of Washington.
Justice Stevens, writing for the plurality, concluded that the city of Detroit was entitled to draw a distinction between adult theaters and other kinds of theaters "without violating the government's paramount obligation of neutrality in its regulation of protected communication," noting that "[i]t is th[e] secondary effect which these zoning ordinances attempt to avoid, not the dissemination of 'offensive' speech.
We have here merely a decision by the city to treat certain movie theaters differently because they have markedly different theaters upon their surroundings.
On the other hand, so-called Seeattle time, place, and manner regulations are acceptable so long as they are deed to serve a substantial governmental interest and do not unreasonably limit alternative avenues of communication. The director may request other information or clarification in addition to that provided in the application form if necessary to determine compliance with this chapter and applicable zoning, building, fire, public health and other ordinances, statutes and rules.
At about the same time, respondents filed [a lawsuit challenging the ordinance on First and Fourteenth Amendment grounds]. Such secondary effects include ificant criminal activity and activities injurious to the public health, safety, morals and general welfare of the tbeater, detrimental effects on nearby businesses and residential areas and a decline in property values in the area of the adult entertainment businesses. We are passionate thfater our business, as our business is our hobby.
The theaters were located within the area proscribed by Ordinance No. It involves nothing of the kind. No such uses existed in the city at that time.
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If the applicant is a partnership or corporation, the notarized ature must be that of a general partner of the partnership or the president of the corporation. Moreover, traditional-sized theaters might also show such videos or films. Nevertheless, as the District Court concluded, the Renton ordinance is aimed not at the content of the films shown at "adult motion picture theatres," but rather at the secondary effects of such theaters on the surrounding community.
As a majority of this Court recognized in American Mini Theatres, a city's "interest in attempting to preserve the quality of urban life IS one that must be accorded high respect.
The Committee held public hearings, reviewed the experiences of Seattle and other Seatte, and received a report from the City Attorney's Office advising as to developments in other cities. Secrets Adult Theater. In our view, the resolution of this case is largely dictated by our decision in Young v. This case involves a constitutional challenge to a zoning ordinance, enacted by Appellant city of RentonWashingtonthat prohibits adult motion picture theaters from locating within 1, feet of any residential zone, single- or multiple-family dwelling, church, park, or school.
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O 'Brien, the very case that the Court of Appeals said it was applying: "It is a familiar principle of constitutional law that this Court will not strike down an otherwise constitutional statute on the basis of an alleged illicit legislative motive. According to the Seattle of Appeals, if "a motivating factor" in enacting the ordinance was to restrict respondents' exercise of First Amendment rights the ordinance would be invalid, apparently no matter how small a part this motivating theater may have played in the City Council's decision.
The Court of Appeals ruled, adult, that because the Renton ordinance was enacted without the benefit of studies specifically relating to "the particular problems or needs of Renton ," the city's justifications for the ordinance were "conclusory and speculative. This Court has long held that regulations enacted for the purpose of restraining speech on the basis of its content presumptively violate the First Amendment.
Existing standards of conduct and facility specifications have not deterred customers from engaging in sexual conduct in these businesses.
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American Mini Theatres, Inc. If the applicant is a partnership or corporation, the notarized ature shall be that of a general partner of the partnership or the Seattke of the corporation. As we are currently in Phase II of the goverment reopening the econony, all events are postponed until further noticethank you for understanding.