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LEGAL MANUAL

Drafting and defending ordinances that regulate adult businesses is a complicated legal task that requires not only an understanding of current adult business case law, but also a thorough comprehension of the time, place, and manner doctrine of the First Amendment.

As an aid to municipal governments and those who work with them to formulate local policy, CDC has provided online access to our legal manual entitled Protecting Communities from Sexually Oriented Businesses. In this manual, as well as in our advice to clients, our goal is to spell out as clearly as case law will allow what can and cannot be done to protect the community. As in every area of the law, there are some gray areas, and we will be careful to point those out as well.

While this manual is primarily for use by attorneys, either city or county staff or outside counsel, who are attempting to strengthen or defend local government ordinances, it is deliberately written so that non-lawyer officials and citizens can gain guidance and direction for their efforts.

And while the manual details the rationale for each area of time, place, and manner regulation, registered users accessing these materials should remember that they are no substitute for legal counsel specific to a given situation. For direct assistance, see our policies for ordinance analysis and litigation assistance.

Legal Manual

Revised and Updated Second Edition
WINTER 2002

Protecting Communities From Sexually Oriented Businesses 2d Ed.
Complete Book:
2.1 mb PDF

Table of Contents
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Preface & Introduction
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Ch. 1: The Problem of SOBs
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Ch. 2: Basic Constitutional Considerations
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Ch. 3: Making the Legislative Record
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Ch. 4: Defining An "Adult" Use
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Ch. 5: Time Regulation - Hours of Operation
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Ch. 6: Place Regulation - Zoning
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Ch. 7: Manner Regulation - Licensing
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Ch. 8: The Problem of Nude Dancing
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Ch. 9: Public Nuisances & Other Issues
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App. A: Sample SOB Ordinance
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App. B: Memo in Support of Sample SOB Ordinance
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App. C: Summary Review of the Law Governing Regulation of Pornography and SOBs
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App. D: Summaries of Secondary Effects Reports
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App. E: Sample Public Indecency Statute
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App. F: Report of the MN Attorney General's Working Group on Regulation of SOBs
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App. G: Non Profit Organizations Specializing in Regulation of Pornography and SOBs
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Table of Cases
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