Complex Zoning Issues Associated with the Adult Entertainment Industry
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Regulation of sexually oriented businesses has become one of the more challenging tasks facing communities today and is one of the most litigated areas of land-use law today
Communities that have tried to bar most or all sex businesses have generally lost court challenges to their regulatory schemes. Thus, regulations must balance legitimate community concerns about the businesses with the First Amendment rights of the business owners and customers. Courts increasingly demand that local governments base their zoning regulations of sexually oriented businesses on documented land-use effects of those businesses. Most regulations of sexually oriented businesses are directed at nude or topless bars, video stores and other establishments devoted almost entirely to sexually oriented activities. However, many well-regarded mainstream retail businesses include in their stock a measurable proportion of arguably sexually oriented material. This topic will provide you with a much greater understanding of the Constitutional parameters regulating sex businesses and give a strong introduction to key elements that should be included in any zoning and/or licensing ordinance regulating these businesses.
Eric Damian Kelly, Ph.D., FAICP, Ball State University Connie B. Cooper, FAICP, Cooper Consulting Company, Inc.
Self Study Credit - Audio & Reference Manual
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