Presentation Transcript

1. U.S. Constitution 1st Amendment Certain explicit materials and various forms of expression found in media, presentations and performances ARE PROTECTED
2. Young, Mayor of Detroit, et al. v. American Mini Theaters, Inc. (DATE) Operators of two adult movie theaters filed suit against the City of Detroit declaring their ordinance was unconstitutional The ordinance required: Licensing requirements 1,000 foot buffer from certain regulated uses Defined “adult theater” as being related to “Specific Sexual Activity” or “Specified Anatomical Areas”
3. Young, Mayor of Detroit, et al. v. American Mini Theaters, Inc. The United States Supreme Court ruled that the ordinance violated the equal protection clause of the Constitution because the City imposed a restraint on constitutionally protected communication
4. A Result of Young v. American Mini Theaters, Inc. The case established First Amendment criteria that must be satisfied for a constitutional ordinance regulating adult businesses: Regulation must be motivated by a desire to eliminate adverse affects; not because of distaste for the speech itself Any regulation that severely restricts First Amendment Rights may be deemed unconstitutional The City must demonstrate a factual basis for any ordinance that regulates adult businesses
5. Burden of Proof The City must prove that: It has evidence linking SOBs to detrimental effects on surrounding property owners Its regulation is intended to mitigate the adverse affects of SOBs That the regulation is not based on types of speech and/or expression The regulation will not have an effect on prohibiting protected forms of speech or expression
6. In Short… The City cannot pass judgment on any form of sexually explicit material or expression The City can recognize that sexually oriented businesses negatively impact the value, use and enjoyment of surrounding properties; however, we can only approach sexually oriented business regulations as strictly a land use issue.
7. Old vs. New Regulations Measurable secondary effects include: Impact on property values Survey of appraisers Impact on crime rates Goal of licensing requirements: Protect health, safety and welfare by mitigating adverse impacts and motivate owners to enforce the law
8. Definitions Current Regulations Definitions Adult Arcade Adult bookstore Adult Cabaret Adult Dancing Establishment Adult Entertainment Business Adult Materials Adult Motel Adult Motion Picture Theater Adult theater Nude or adult modeling studio Nudity or a state of nudity Sexually oriented commercial activities Sexual encounter center Specified anatomical areas Specified Sexual activities Proposed Regulations Detailed definitions of the following terms: Adult novelty store Bar Customer Distinguished by or characterized by an emphasis upon Employee Escort Escort agency Instruments, devices including genital stimulation devices, or paraphernalia… Manager Nude model studio Operated or causes to be operated Person Premises Regularly Residential district Residential use Sex parlor Sexually oriented business Sexually oriented commercial activity Simulated nudity Simulated anatomical areas
9. Permit Required Current Ordinance License required from City No restrictions regarding applicants No fee Proposed Ordinance Extensive application process which includes inspections and background checks $3,000 application fee Separate application process for managers and employees
10. Permit Required Current Ordinance City and County officials allowed to inspect premises Appeal to Board of Adjustment Proposed Ordinance Criminal background checks required for managers and employees Inspection and maintenance requirements for records $1,000 renewal fee Denial, suspension and revocation authority and appeal procedures “No Touching” Rule Special regulations for film, video and viewing rooms
11. Permit Required Current Ordinance Proposed Ordinance Additional regulations for escort agencies, adult cabarets and public nudity Additional regulations for adult theaters, adult motels and nude modeling businesses Prohibition for persons under 18 years of age Hours of operation are regulated Sale of alcohol prohibited Violation a Class A misdemeanor Signs Required