These summaries are edited from research provided by the
staff of Community Defense Counsel.
Original copies of each study are available on the Community Defense
Counsel web site (http://www.communitydefense.org).
(See Appendix G for addresses.)
The study examined crime statistics for 1978, comparing
areas that have sexually oriented businesses with those that do not.
The results show a marked increase in sex offenses in
neighborhoods with sexually oriented businesses, and increases in property and
violent crimes as well.
Three study areas (near locations of sexually oriented
businesses) and three control areas (with no sexually oriented businesses) were
selected. The study and control areas
were paired according to the number of residents, median family income,
percentage of non-white population, median age of population, percentage of
dwelling units built since 1950, and percentage of acreage used for residential
and non-residential purposes.
Three categories of criminal activity were included in the
study: property crimes (burglary,
larceny, auto theft), violent crimes (rape, murder, robbery, assault), and sex
crimes (rape, indecent exposure, lewd and lascivious behavior, child
molestation).
On average, the number of sex offenses was 506 percent
greater in neighborhoods where sexually oriented businesses were located. In
one of the neighborhoods the number was 1,000 percent above the corresponding
control area. Of the sex offenses,
indecent exposure was the most common offense and the largest contributor to
the increase of crimes in areas where sexually oriented businesses were located. Even without considering the crime of
indecent exposure the number of other sex crimes, such as rape, lewd and
lascivious behavior, and child molestation, was 132 percent greater than in
control areas without sexually oriented businesses.
On average, the number of property crimes was 43 percent
greater in neighborhoods where sexually oriented businesses were located, and
the number of violent crimes was 4 percent higher in those areas.
The
A petition signed by 51 percent of the residents in the 500
foot radius who do not object must be filed and be verified by the Planning
Director.
The Police Department Investigative Services provided a memorandum to the City Prosecutor documenting the events and activities at “adult entertainment bookstores and establishments” in order to show the need for stronger ordinances. The investigations, which were started in 1986, were a result of numerous complaints of illegal sexual activity and unsanitary conditions
During their investigation, the Officers found a wide variety of illegal sexual conduct at all adult businesses. At virtually every such business, employees were arrested for prostitution or obscene sex shows. Dancers were usually prostitutes where, for a price, customers could observe them performing live sex acts. At several businesses, customers were allowed inside booths with dancers and encouraged to disrobe and masturbate. Many times, dancers would require customers to expose themselves before they would perform. Underage dancers were found, the youngest being a 15 year old female.
In addition, officers often found puddles of semen on the floor and walls of peep booths. If customers had used tissues, these were commonly on the floor or in the hallway. On two occasions, fluid samples were collected from the booths. In the first instance, 21 of 26 samples (81%) tested positive for semen. In the second sampling, 26 of 27 fluid samples (96%) tested positive for semen. "Glory holes" were also present in the walls between adjoining booths, that facilitated anonymous sex acts between men.
In light of their findings, the investigators made four recommendations to the city prosecutor. First, the bottom of the door in peep booths must be at least 30 inches from the floor so that an occupant can be seen from the waist down when seated. Second, the booth cannot be modified nor can a chair be used to circumvent the visibility of the client. Third, employee licensing procedures that include a police department background check should be put in effect. Finally, in the event of a denied or revoked license, the requirement of a hearing before any action is taken.
This report by independent consultants summarized
statistics to determine whether adult businesses should be regulated because of
their impact on crime, property values and quality of life. Statistics were measured from 1981 to 1990,
and included crime data and surveys with real estate professionals and city
residents.
Crime increased significantly with the opening of an adult
business, or with the expansion of an existing business or the addition of a
bar nearby. The rise was greatest in
"serious" offenses (termed "Part I" crimes: homicide, rape,
robbery, assault, burglary, theft and auto theft). On
Overwhelmingly, respondents said that an adult business
within 200-500 feet of a residential and commercial property depreciates that
property value. The greatest impact was
on single family homes. The chief factor
cited for the depreciation was the increased crime associated with adult
businesses.
Phone calls were made in a random sample of households in
the
The report concluded that adult businesses have a
"real impact" on everyday life through harmful secondary effects and
made four recommendations: (1) keep
current requirement of 1,000 feet separation between adult businesses; (2) prohibit
adult establishments within 1,000 feet of residential areas; (3) enact a system
of conditional use permits for adult businesses with police department
involvement in every aspect of the process; and (4) prohibit bars or taverns
within 1,000 feet of an adult business.
The Department of City Planning studied the effects of the
concentration of sexually oriented businesses on surrounding properties for the
years 1969-75 (a time of proliferation for such businesses). The report focuses on five areas with the
greatest concentration of these businesses (compared to five
"control" areas free of them), and cites data from property
assessments/sales, public meeting testimony, and responses from two
questionnaires (one to business/residential owners within a 500 foot radius of
the five study areas and a second to realtors/real estate appraisers and
lenders). Crime statistics in the study
areas were compared to the city as a whole.
Also included: a chart of
sexually oriented business regulations in 11 major cities, details of current
regulations available under state/municipal law, and appendices with samples of
questionnaires, letters and other study materials.
While empirical data for 1969-75 did not conclusively show
the relation of property valuations to the concentration of sexually oriented
businesses, more than 90 percent of realtors, real estate appraisers and
lenders responding to the city questionnaires said that a grouping of such
businesses within 500-1,000 feet of residential property decreases the market
value of the homes. Also residents and
business people at two public meetings spoke overwhelmingly against the
presence of sexually oriented businesses, citing fear, concern for children,
loss of customers and difficulty in hiring employees at non-adult businesses,
and the necessity for churches to provide guards for their parking lots.
More crime occurred where sexually oriented businesses were
concentrated. Compared to city-wide
statistics for 1969-75, areas with several such businesses experienced greater
increases in pandering (340 percent), murder (42.3 percent), aggravated assault
(45.2 percent), robbery (52.6 percent), and purse snatching (17 percent). Street robberies, where the criminal has
face-to-face contact with his victim, increased almost 70 percent more in the
study areas. A second category of crime,
including other assaults, forgery, fraud, counterfeiting, embezzlement, stolen
property, prostitution, narcotics, liquor laws and gambling increased 42 percent
more in the study areas over the city as a whole.
The study recommended distances of 1,000 feet between
separate sexually oriented businesses, and a minimum of 500 feet separation of
such businesses from schools, parks, churches and residential areas.
After experiencing a rapid growth of sexually oriented
businesses since 1969, the Whittier City Council commissioned a study of the
effects of the businesses on the adjacent residential and commercial
areas. At the time of the study,
After 1973, 57 percent of the homes in the adult business
area had changes of occupancy, compared to only 19 percent for the non-adult
business area. Residents complained of
"excessive noise, pornographic material left laying about, and sexual
offenders (such as exhibitionists) venting their frustrations in the adjoining neighborhood." Citizens also expressed concern about drunk
drivers coming into the area. Business
Area 1, with the most concentration of adult businesses (six), experienced a
134 percent increase in annual turnover rate.
Area 3, with three adult businesses at one location, showed a 107
percent turnover rate. Area 2 (with one
adult business) had no measurable change and Area 4 (with no commercial or
adult businesses) experienced a 45 percent decrease in turnover from similar
periods.
The City Council looked at crime statistics for the two
residential areas for the time periods of 1970-73 (before adult businesses) and
1974-77 (after adult businesses). In the
adult business area, criminal activity increased 102 percent (the entire city
had only an 8.3 percent increase).
Certain crimes skyrocketed (malicious mischief up 700 percent; all
assaults up 387 percent; prostitution up 300 percent). All types of theft (petty, grand and auto)
increased more than 120 percent each. Ten
types of crime were reported for the first time ever in the 1974-77 period.
The Council's report recommended a dispersal-type ordinance
that prohibits adult businesses closer than 500 feet to residential areas,
churches and schools, and 1,000 feet from each other. In addition, the study proposed a 1,000 foot
separation from parks because of their use by citizens after normal working
hours. Adult businesses would be given
an 18-36 month amortization period (if the change involved only stock in trade,
a 90-day period was recommended).
This report, authored by
Sgt. J.J. Long of the Adams County Sheriffs Department, was designed to
accompany a new Nude Entertainment Ordinance. The report covers two parts:
first, an April 1988 study of six representative locations in
The report found that
The 1988 enactment of the
Nude Entertainment Ordinance, which was upheld by the Colorado Supreme Court,
reduced the number of adult businesses in
Starting in December, 1996, a working group, the Adult Use
Study Team (team), was established to (1) assess any adverse secondary impacts
caused by adult use businesses on nearby properties and neighborhoods and (2)
determine the availability of sites for adult businesses.
The team found that adult use businesses caused negative
secondary impacts to nearby properties and neighborhoods, including criminal
activity, litter, noise, traffic problems and depreciation in property
values. The study notes that the litter
generated by such businesses includes printed material containing pornography,
used condoms, sex paraphernalia, and used syringes. The crimes, which were significantly higher
around adult use businesses compared with the city as a whole, included
disturbing the peace, public indecency, prostitution, drug-related crimes, and
public indecency.
The study also noted that based on the city’s current
zoning ordinance a minimum of 89 sites in business districts were available for
adult uses.
In 1996, Environmental Research Group (ENG) performed a
study on the negative effects of sexually oriented businesses for the
The study involved examining several municipal land use studies and historical data from the late eighteenth century through 1996, compiling data and drawing conclusions based on statements and conclusions of previous land use studies.
This study concluded that sexually oriented businesses provide a focus for illicit activities pertaining to prostitution, pandering, and other illegal sex acts. Also noted was an increase in crime statistics, especially sexual crimes such as illegal exposure. The greatest clients of sex-businesses are (since the late 18th century) young, transient or mobile, single, males. Statistically, this social category has interests in conflict with social groups consisting of families and/or the elderly. Surveys of businesses in Bothell, WA and Austin, TX revealed that less than three percent of the vehicles parked in the lots were registered to an owner that resided a mile or less away.
ERG concluded that the impact of sex-businesses for small towns is more intense than that of big towns. The business district of a small town is not as large and not capable of "dividing up" sections of town. A national survey of real estate appraisers and lenders revealed that the placement of a sexually oriented business is generally an indicator of the decline of a community - in a small town, the business district is impacted as a whole. Also, the target audience of a small town will not suffice for a sex business and must draw business from a regional area. Sex businesses also set the tone of the pedestrian intent in the area. Interviews with non-sex business patrons and passersby indicated a likelihood that a person will be prospected for sex acts or be sexually harassed.
This report was conducted by the Manatee County Planning
and Development Department. The report
examines the ramifications of a proposed adult entertainment ordinance. It
relies upon the findings of other jurisdictions to forecast the effects of adult
businesses in
The report found that the Boston Model of concentrating
adult businesses into one "combat zone" has the following advantages:
1) like uses are treated alike; 2) lower administrative costs; 3) control over
growth of pornographic uses and the development of specific new uses; 4) no
definitional vagueness; 5) apparent constitutionality; and 6) easier evaluation
of total public services impact of pornographic uses (traffic, limited parking,
higher police costs and other effects). The disadvantages of this model center
on the blighting effect when a central zone is created. Such a zone may also
attract "undesirables" to one area. The Detroit Model, on the other
hand, has these advantages: 1) apparent constitutionality (withstood challenge
in Young v. American Mini Theatres); and 2) creates a separation zone
between other adult businesses and residential areas. However, the
There are five adult businesses currently in the County. All five are separated from one another by more than 1,000 feet. None meet the minimum residential buffer distance of 500 feet.
The report recommended that the dispersal model ordinance
should be considered. The present zoning ordinance should be amended to add
buffer requirements to provide distance from 1) residential districts, 2)
churches, schools, child care facilities, and public recreation areas, and 3)
other established adult businesses. In addition, the report recommended that
there should be at least 500 feet of separation between an adult business and
the nearest residential zone. A 2000 foot buffer should be established for
churches, schools, child care facilities, and recreation areas. Adult
businesses should be separated from one another by at least 1000’. A one year
amortization period for compliance should be considered (as provided in the
draft ordinance). "Sign controls should be considered which still protect
a business’s freedom to advertise, but also minimize public’s exposure to such
uses."
After a 10-year growth in the number of sexually oriented
businesses (to a total of 68 on 43 sites) and numerous citizen complaints of
decreasing property values and rising crime, the city compared six sexually
oriented business "study" areas and six "control" locations
with each other and with the city as a whole.
The study and control areas had high population, low income and older
residents. In order to develop a
"best professional opinion," the city collaborated with
From 1978-82, crime increases in the study areas were 23
percent higher than the control areas (46 percent higher than the city as a
whole). Sex-related crimes in the study
areas increased more than 20 percent over the control areas. Residential locations in the study areas had
a 56 percent greater crime increase than commercial study areas. Sex-related crimes were four times more
common in residential study areas than commercial study areas with sexually
oriented businesses.
Homes in the study areas appreciated at only half the rate
of homes in the control areas, and one-third the rate of the city. "Pressures within the study areas"
caused a slight increase in real estate listings, while the city as a whole had
a 50 percent decrease, denoting high occupancy turnover. Appraisers responding to the survey said one
sexually oriented business within one block of residences and businesses
decreased their value and half of the respondents said the immediate
depreciation exceeded 10 percent.
Appraisers also noted that value depreciation on residential areas near sexually oriented
businesses is greater than on commercial locations. The report concluded: "The best professional judgment
available indicates overwhelmingly that adult entertainment businesses -- even
a relatively passive use such as an adult bookstore -- have a serious negative
effect on their immediate environs."
The report recommended that sexually oriented businesses
locate at least 500 feet from residential areas, schools, churches or
established historic areas.
This study of adult businesses was prepared by independent
consultants, Eric Damian Kelly, AICP and Connie B. Cooper, AICP, for the city
of
·
Part 1 -
Analysis of Ordinances of Twenty Other Local Governments
·
Part 2 -
Field Survey and Analysis of Businesses in
·
Part 3 -
Survey of Residents and Business Manager
·
Part 4 – Summary of Recommendations and
Conclusions.
·
Ordinances and Related Statutes from Twenty
Other Local Governments
·
Adult Use Studies in Fort Worth, Texas (Oct. 8,
1986); Indianapolis Indiana (February 1984); Newport News, Virginia (March
1996); St. Paul, Minnesota (June 1978); Phoenix, Arizona (May 25, 1979);
Tucson, Arizona (May 14, 1990); Seattle, Washington (March 24, 1989); Whittier,
California (July 11, 1994); Austin, Texas (May 19, 1986); and Denver, Colorado
(Jan. 1998).
·
Adult Use Manual of
After examining the approaches of twenty other
jurisdictions, this study identifies three different approaches: 1)
jurisdictions that rely primarily on licensing to control adult uses; 2)
jurisdictions that rely equally on licensing and zoning; and 3) jurisdictions
that rely primarily on zoning criteria to regulate adult uses.
The study provides significant photographical and detailed
examination of the interior and exterior of the sexually oriented businesses
presently located in
The study includes a survey by Oedipus, Inc. Empirical Data
Services of residents and business owners/managers in sixteen different
neighborhood. Sexually oriented businesses with video booths are compared to
businesses with less than a significant or substantial portion of their stock
in trade in adult materials. Contact was made or attempted with 1,049 different
residences or businesses with 360 surveys being completed. Responses indicated
that sexually oriented businesses were significantly disfavored as compared to
other type of businesses including bars and liquor stores. Reasons given
include: detracts from neighborhood; neighborhood doesn’t seem nice; eye sore;
trashy; degrading to other businesses; trashy window front; love girls out
front; people/businesses have moved out because of; not good for area—keeps
good businesses out; bad for tourism; bad for business; doesn’t serve
neighborhood customers; keeps families from coming to area; contributes to
crime; lowers property value; not conducive to neighborhood --- should be
separate area zoned for it; open all the time; draws bad crowd, draws bad
people, bad influence on children etc. . .
The study recommends
that the city’s zoning ordinance be modified to treat sexually oriented
business differently depending on the secondary effects they create and it
provides suggested modifications to some definitional categories. It recommends
that the city adopt provisions to address businesses that carry large numbers
of sex toys and novelties. Separation between adult businesses and other land
uses is recommended.
Licensing of businesses that offer adult live entertainment
is recommended as a means of limiting adverse health effects, prostitution,
exploitation of minors and criminal activity. Regulation of public displays of
adult media is recommended to prevent harm to minors. Recommendations are made
for nonconforming uses and for licensing of employees in sexually oriented
businesses. In most instances, the report provides detailed information to
guide decision makers in implementation of recommendation.
This report is divided into two sections: the relationship of bars and crime, and the
impact of "adult businesses" on neighborhood deterioration. In the study, an "adult business"
is one where alcohol is served (including restaurants) or a sexually oriented
business (i.e. saunas, adult theaters and bookstores, rap parlors, arcades, and
bars with sexually oriented entertainment).
Census tracts were used as study areas and evaluated for housing values
and crime rates. Housing values were
determined by the 1970 census compared to 1979 assessments. Crime rates were compared for 1974-75 and
1979-80. The study is strictly empirical
and reported in a formal and statistical manner.
The report concluded that concentrations of sexually
oriented businesses have significant relationship to higher crime and lower
property values. Other than statistical
charts no statements of actual crime reports or housing values are included in
the report. Thus, the lay reader has
only the most generalized statements of how the committee interpreted the
empirical data.
The report recommended:
(1) that adult businesses be at least one-tenth of a mile (about 500
feet) from residential areas; (2) that adult businesses should not be adjacent
to each other or even a different type of late night business (i.e., 24-hour
laundromat, movie theaters); (3) that
adult businesses should be in large commercial zones in various parts of the
city (to aid police patrol and help separate adult businesses from residential
neighborhoods). The report said
"policies which foster or supplement attitudes and activities that
strengthen the qualities of the neighborhoods are more likely to have desired
impacts on crime and housing values than simple removal or restriction of adult
businesses."
Due to a growing concern among
1) "[A]dult uses are harmful to surrounding commercial establishments but such harms can be minimized with significant spacing requirements between adult uses in zones reserved for the most intensive commercial activity."
2) All nine adult uses are defined the same. Included are: "adult bookstores", "cabarets", "conversation/rap parlors", "health/sport clubs", "massage parlors", "mini-motion picture theaters", "motion picture theatres", "steamroom/bathhouse facilities", and "other adult uses." Each is defined as providing "matter", "entertainment", or "services" which is "distinguished or characterized by an emphasis on the "depiction", "description", "display" or "presentation" of "specified sexual activities" or "specified anatomical areas." "Most, if not all, existing statistical studies of the impact of adult uses do not differentiate between different types of adult uses and do not recognize that the land use impact of various types of adult uses is significantly different." "[E]qual treatment is consistent with the emphasis on deconcentration.”
3) The "Amendment" set spacing between adult uses
at 2,640 feet outside of the downtown area and 1,320 feet downtown. A six-block
goal could not be met because of the necessity to provide a "sufficient
land mass.” Such a goal was desired because the
4) Distances between adult uses and residential zones were increased from 200 feet to 800 feet "outside of downtown" and from 100 to 400 feet downtown in the substitute Amendment. The goal of 1,980 feet outside of "downtown" and 990 feet downtown could not be met because of the necessity to provide "enough land and sites for potential future adult uses."
5) Distances from "protected uses" outside of downtown were increased from zero to 400 feet and from 100 to 200 feet downtown. Protection for zones "other than residential or small neighborhood business zones" was "justified" because their populations are "particularly vulnerable to the negative impacts of adult uses." "Protected uses" are: day care centers; houses of worship; public libraries; schools; public parks/parkways/public recreation centers and facilities; fire stations (because of use for bicycle registration and school field trips); community residential facilities; missions; hotels/motels (which often have permanent residents).
6) Limiting one type of adult use per building was
justified by experience with two pre-existing "multi-functional"
adult businesses, numerous studies by other cities, and St. Paul's own study in
1978, which documented significantly higher crime rates associated with two
adult businesses in an area, and significantly lower property values associated
with three adult uses in an area. The 1987 study included statistics showing
that most "prostitution arrests in the city occur within four blocks on
either side of the concentration of four adult businesses." Other problems
included "the propositioning" and "sexual harassment of neighborhood
women mistaken for prostitutes", "discarding of hard-core
pornographic literature" ("which is "most strongly associated
with adult bookstores") "on residential property where it becomes
available to minors", a "generally high crime rate," and "a
general perception" that such an area "is an unsafe place due to the
concentration of adult entertainment that exists there.” Redevelopment
experience in
7) Amount of land available for 24 existing adult uses (which includes split-off of two multi-functional businesses with three-four types per business) was 6.5% of the City's total land mass, for a maximum of 44 sites based on "absolute site capacity", calculated without regard for existing infrastructure, or 28 sites based on "relative site capacity" on existing street frontage calculated without regard for existing development or suitability of land for development.
8) Annual review of the "Special Condition Use Permit" was included in the "Amendment" "to ensure that no additional uses are added to the type of adult use that is permitted."
9) Prohibition of obscene works and illegal activities was included in the "Amendment" to "guard against the conclusion that the Zoning Code permits activities which the City can and should prohibit as illegal."
Prior to adopting a zoning ordinance for adult businesses,
the City of