CA: Lake Forest to consider moratorium on adult businesses
“The City Council on Tuesday will consider an interim ordinance establishing a moratorium on permits for adult businesses following the rezoning of land from business park to homes and commercial uses.”
Law Review: Alternatives for Adult Uses Required When Town is Sued
Alternatives for Adult Uses Required When Town is Sued
Anthony S. Guardino, 5/26/2010 N.Y.L.J. 5, (col. 2)
“The particular issue in TJS was whether the constitutionality of a zoning ordinance should only be evaluated with regard to the ‘alternative avenues of communication‘ the ordinance left open at the time it was passed, or those it left open at the time it was challenged.”
Non-conforming use provision does not apply to new business at old site
Goppelt v. Ascension Parish Council, No. 2009 CA 1698, 2010 WL 1946670 (La. App. May 13, 2010)
2nd Circuit: Courts must consider “adequacy of alternative sites” at time of challenge to SOB ordinance
TJS of New York, Inc. v. Town of Smithtown, No. 08-2789-cv (2nd Cir. March 10, 2010)
2nd Circuit: When evaluating First Amendment challenges to a zoning ordinance, a court must consider the adequacy of alternatives at the time the ordinance is challenged.
MA: Lund’s strip club lawsuit moved to federal court
Herald News: “The lawsuit filed two weeks ago by Gary Lund alleging the city has unconstitutionally prohibited adult entertainment was remanded to U.S. District Court in Boston this week at the city’s request.”
TN: Shelby County Commission to limit adult businesses
Memphis Daily News: “The Shelby County Commission today will take the first of three votes on a city-county ordinance designed to further restrict adult entertainment businesses . . . The ordinance sponsored by commissioner Mike Ritz specifies that such businesses can’t operate within 1,500 feet of family recreation centers or parks. It also explains what such centers or parks are considered to be.”
Florida: Lawsuit over proposed strip club settled
Northwest Florida Daily News: “The city’s first topless bar may open by the end of the summer, according to The Oasis operator Terry Stephenson. The Destin City Council voted 5-2 last week to approve a settlement of a lawsuit brought by Stephenson over his right to operate a strip club in the city.”
AZ: Pinal County places new limits on sexually oriented businesses
TriValley Central: “The Board of Supervisors unanimously approved a zoning ordinance amendment on Jan. 20 that would change the designation of adult entertainment and adult service providers to adult-oriented businesses and would require a new zoning category that would limit where they may be located.”
Arizona Court of Appeals: Residents’ personal knowledge and experience adequately supported denial of SOB use permit
Treulich’s Plaza, LLC v. City of Phoenix, No. 1 CA-CV 09-0025, 2009 WL 4981478 (Ariz. App. Div. 1, Dec. 22, 2009)
Cookeville, TN may change “adult business” regs
“The city’s Planning Commission will consider an ordinance tonight that would amend the zoning code pertaining to adult businesses — regulations that would add new standards as far as business locations, but guidelines that would also open up more probable sites within the Cookeville city limits.”
