First Circuit panel, that includes David Souter, rejects First Amend. challenge to Fall River, MA SOB ordinance
Lund v. City of Fall River, No. 12-1758 (1st Cir. April 22, 2013)
Appellant, Gary Lund, contends that the City of Fall River’s zoning ordinances violate the First Amendment by preventing him from opening an adult entertainment establishment on land zoned industrial without providing an adequate opportunity elsewhere. The district court rejected his claim, and we affirm.
American Booksellers Foundation for Free Expression v. Coakley, No. 10-11165-RWZ (D. Mass. Oct. 26, 2010)
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.”
“The proposed bylaw designates a 15-acre industrial area east of Route 1 and adjacent to Plainville’s adult entertainment zone for a similar district in Wrentham. The bylaw would allow the town more control in deciding where businesses such as adult bookstores, video stores and strip clubs could locate in town. With no restrictions, they can locate anywhere business is allowed – including downtown – board members stressed.”
Adult Use Study: “This report identifies the need for an ordinance that would regulate Adult Uses in Newport News. Research in other cities on the impact of adult uses found that crime rates were higher and property values lower near adult uses. This report summarizes the findings of that research.”