HomeMy WebLinkAboutA001 - Legal Opinion dated October 23, 1986 Cad
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CITY OF I AMES , W4 I O /�1 50010
ALL-A�M82 83 ITY October 23, 1986 FILED
Judie Hoffman, Chairperson
and Members of the Ames C�^
Planning & Zoning Commission OCT 2 41.,�6
In re: "Adult" Business Location Regulation CITY CLERK
CITY OF AMES, IOWA
Dear Chairperson Hoffman & Commission Members:
When you considered the matter of an ordinance to regulate the location
of "adult" business along the lines upheld in the U. S. Supreme Court's
decision of the Renton, Washington case, you asked if the ordinance
could go beyond the "dispersion" provision and contain a prohibition
against location on an "arterial" street. Although there is always an
element of risk in any attempt to do more in this sensitive area, it
seems to me that the theory of the "Renton" case will support the addi-
tional measure you propose. If you choose to recommend that addition to
the ordinance, it should be based on a staff study and finding that
"reasonable alternative locations"remain in the city.
The importance of the Planning Commission, and later the City Council,
making certain "findings" for the record cannot be overemphasized. The
record must show that the ordinance is "content neutral". That is, the
purpose of the ordinance is not to suppress the materials being shown,
sold or rented, but only to combat the so-called "secondary effects" of
the business of purveying such materials. However, it is not necessary
to find that the existing businesses are causing any such problems. The
ordinance can be enacted in anticipation or concern for the bad
"secondary effects" found to have been caused in other cities, and the
studies from those cities showing those "secondary effects" can be the
evidence on which the City Council relies in its decision. The
"secondary effects" are:
1. Fear as to the characters of the people attracted, from a
distance, to the stores. Seattle study.
2. Sex crimes and street crime is higher in areas where adult
businesses are located than in other areas. Phoenix study.
3. A depressing effect on real estate values. Indianapolis
study.
The "secondary effects" studies have been supplied to the planning staff
and can be read or copied there, as you wish.
Very truly yours,
John R. lau�
City Attorney