Buffer Zone Around Adult Entertainment Business Found Permissible
The Seventh Circuit recently addressed the validity of
an ordinance placing a 750-foot buffer zone around a proposed adult entertainment
business and requiring a permit. In BBL Inc. v. City of Angola, plaintiffs
purchased a restaurant in the City of Angola, Indiana, with the intention of
converting the restaurant into an adult-entertainment venue with nude
dancing. A few days after plaintiffs made the purchase, the City amended
its zoning ordinances to prohibit this use of the property, imposing a 750-foot residence buffer zone
requirement. Plaintiffs sued the City alleging violations of their First Amendment rights.
Specifically, plaintiffs argued that the
licensing and zoning amendments violated their right to expressive conduct and
that a permit requirement was an
impermissible prior restraint on speech.
The federal district court denied plaintiff’s motion for a
preliminary injunction in an omnibus order. The district court also
granted the City’s motion for judgment on the pleadings for certain
parts. While the judge granted this, he failed to fully analyze the
First Amendment. Plaintiffs appealed to the Seventh Circuit.
The Seventh Circuit affirmed the denial of the preliminary
injunction, noting that its jurisdiction was limited to that issue. With regard to the plaintiff’s claim that the licensing and zoning
amendments violated their right to expressive conduct, the Seventh Circuit
noted that nude dancing is subject to intermediate scrutiny as a
content-neutral regulation. The Seventh Circuit looked to whether the
challenged regulations were justified without reference to the content of the
regulated speech and whether the adverse secondary effects relied on by the
municipality have a basis in reality. The court concluded that the
plaintiffs First Amendment rights were not violated as the ordinances were
designed to reduce the negative secondary effects of adult entertainment
establishments. Further, several other land parcels were available where
the adult entertainment business could operate. The Seventh Circuit also
found the permit requirement to be moot as the requirement had been later
removed in the zoning amendments.
Post Authored by Erin Baker, Ancel Glink
This comment has been removed by a blog administrator.
ReplyDelete