OH district judge upholds no-touch, hours of operation provisions
84 Video/Newsstand, Inc., et al. v Thomas Sartini, et al., No. 1:07cv3190 (N.D. Ohio, June 22, 2009)
Ohio district judge upholds no-touch and hours of operation provisions against First Amendment challenges.
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.
Do ‘Off-Site’ Adult Businesses Have Secondary Effects? Legal Doctrine, Social Theory, and Empirical Results
Richard D. McCleary and Alan Weinstein: “In this essay, we examine the legal, logical, and empirical bases of the argument used by off-site adult businesses to challenge the Constitutionality of ordinances.”
Ohio: May 2008 Report to the Town of Milford Planning Board by Chief of Police Thomas J. O’Loughlin
Milford Chief of Police: “In reviewing numerous studies and in my professional experience as a police official for thirty (30) years, twenty-two of which I have served as a Chief of Police in the Commonwealth of Massachusetts, it is my professional opinion that there exists a number of secondary or derivative effects that emanate from Adult Entertainment Enterprises.”
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.”
A Primer on Zoning and Licensing of Sexually Oriented Businesses
Patrick A. Trueman: “Sexually oriented businesses, commonly referred to as SOBs, are rapidly proliferating throughout America. There are many reasons for this, high profit, lax law enforcement, low skill level needed for management and employees, etc. But, there is one predominant reason for the proliferation. It is the green light given SOBs by counties and communities throughout America. That green light is the lack of proper zoning and licensing requirements for such businesses.”
April 2004: Evaluating Potential Secondary Effects of Adult Cabarets in Daytona Beach, FL: A Study of Calls for Service to the Police in Reference to Ordinance 02-496
Evaluating Potential Secondary Effects of Adult Cabarets: “The social disorganization variables and especially the presence of an alcohol beverage retail sale establishments in the blocks accounts largely for this explanatory power. The presence of an adult cabaret in the census block accounted for an insubstantial amount of explanatory power.”
Protecting Communities from Sexually Oriented Businesses
Alliance Defense Fund: “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.”
March 1998: Kansas City, Missouri Adult Use Study Parts 1-4
Adult Use Study: Part 1: Analysis of Ordinances of Twenty Other Local Governments, Part 2: Field Survey and Analysis of Businesses, Part 3: Results of Neighborhood Surveys, Part 4: Concluding Policy Analysis and Recommendations
March 1998: A Report on the Secondary Impacts of Adult Use Businesses in the City of Denver, Colorado
Report on the Secondary Impacts of Adult Use Businesses: “These studies have found such businesses to cause negative secondary impacts to nearby properties and neighborhoods, including criminal activity, litter, noise, traffic problems and depreciation in property values.”
