7th Circuit: SOB crime study does not support hours-of-operation ordinance

Annex Books v. City of Indianapolis, No. 09-4156 (7th Cir. Oct. 1, 2010)

1990-1997: National Law Center Summaries of “SOB Land Use” Studies

Crime Impact Studies by Municipal and State Governments on Harmful Secondary Effects of Sexually Oriented Businesses.

August 2007: Crime-Related Secondary Effects of Sexually-Oriented Businesses: Report to the County Attorney, Palm Beach County, Florida

The Palm Beach County Attorney has retained us to formulate and express opinions on the crime-related secondary effects questions raised in Palm Beach County v. Casablanca East. Based on our expertise in the areas of criminology, law, and statistics and on our prior research,we have three general opinions . . .

May 2007: Crime-Related Secondary Effects of Sexually-Oriented Businesses: Report to the Los Angeles City Attorney

Richard McCleary: “The criminological theory of ambient crime risk, known as the “routine activity theory,” predicts that SOBs have large, significant crime-related secondary effects.”

March 2007: Secondary Effects Study of Adult Oriented Business, City of Saratoga Springs, New York

Saratoga Springs Planning Board: “The Mayor has specifically asked that the Planning Board “undertake a study of the potential secondary effects of adult uses in the City and produce recommendations for amendments to the City Code for the suitable siting, land use and zoning standards and controls therefore.”

May 2006: Do Peep Shows “Cause” Crime? A Response to Linz, Paul, and Yao

Richard McCleary and James W. Meeker: “Government regulation of adult entertainment businesses, including peep shows, must be aimed at mitigating adverse secondary effects such as crime.”

April 2006: “Scotland: Adult Entertainment Working Group, Report and Recommendations”

Scottish Ministers’ Adult Entertainment Working Group: “On 24 March 2005, Scottish Ministers set up a Working Group on Adult Entertainment to review the scope and impact of adult entertainment activity and make recommendations to Ministers on the way forward.”

October 2004: Study of Police Activity in Milford, Connecticut: Testing for Negative Secondary Effects of Adult Businesses

Study of Police Activity in Milford: “In order to test the foundational assumption that the city of Milford may regulate adult businesses because they are associated with negative secondary effects, an empirical study of criminal activity surrounding adult businesses in Milford was undertaken.”

September 2004: Survey of Appraisers, Ft. Worth and Dallas, Effects of Land Uses on Surrounding Property Values

Duncan Associates: “This study consisted of a survey of MAI and SRA real estate appraisers in Fort Worth and Dallas. There have been earlier surveys of real estate appraisers and professionals regarding this subject, including those incorporated in studies for Indianapolis, Indiana, Austin, Texas, Garden Grove, California, and Rochester, New York.”

May 2004: Methodological Critique of the Linz-Yao Report: Report to the City of Toledo, Ohio

R. McCleary and J.W. Meeker: “Subjected to a rigorous statistical analysis, the data demonstrate that, like sexually-oriented businesses (SOBs) in virtually every other U.S. city, Toledo’s SOBs have large, significant crime-related secondary effects.”

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