Protecting Communities from Sexually Oriented Businesses
Protecting Communities from Sexually Oriented Businesses
2nd Edition, Alliance Defense Fund, Winter 2002
Drafting and defending ordinances that regulate sexually oriented 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.
Preface & Introduction html / pdf
Ch. 1: The Problem of SOBs html / pdf
Ch. 2: Basic Constitutional Considerations html / pdf
Ch. 3: Making the Legislative Record html / pdf
Ch. 4: Defining An “Adult” Use html / pdf
Ch. 5: Time Regulation – Hours of Operation html / pdf
Ch. 6: Place Regulation – Zoning html / pdf
Ch. 7: Manner Regulation – Licensing html / pdf
Ch. 8: The Problem of Nude Dancing html / pdf
Ch. 9: Public Nuisances & Other Issues html / pdf
App. A: Sample SOB Ordinance html / pdf
App. B: Memo in Support of Sample SOB Ordinance html / pdf
App. C: Summary Review of the Law Governing Regulation of Pornography and SOBs html / pdf
App. D: Summaries of Secondary Effects Reports html / pdf
App. E: Sample Public Indecency Statute html / pdf
App. F: Report of the MN Attorney General’s Working Group on Regulation of SOBs html / pdf
App. G: Non Profit Organizations Specializing in Regulation of Pornography and SOBs html / pdf
