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Old 05-14-2002, 03:54 PM  
TDF
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Justices OK L.A. Limits on Adult Businesses

A divided Supreme Court upheld today a Los Angeles zoning ordinance that bars operation of more than one adult entertainment business at a single location.

The 5-4 ruling was a victory for Los Angeles, which defended its ordinance prohibiting the operation of adult businesses that both sell adult products and contain facilities to view adult movies or videos.

A federal judge in California and a U.S. appeals court said the ordinance violated free-speech rights because the city had failed to study and provide adequate evidence of negative effects from the combinations, such as an adult bookstore with an adult arcade, in the same location.

The justices reversed the appeals court's ruling.

Justice Sandra Day O'Connor said for the majority that Los Angeles may rely on its 1977 study, conducted six years before the adoption of the ordinance at issue, to show the ban on multiple-use adult businesses served the city's interest in reducing crime.

The case involved Alameda Books Inc. and Highland Books Inc., two adult businesses that rent and sell sexually oriented products, including videotapes. They both provide booths where customers can view videotapes for a fee.

In 1995, a city building inspector found that Alameda was operating both as an adult bookstore and arcade in the same building in violation of the 1983 zoning ordinance.

The city in 1978 adopted an ordinance that prohibits the establishment of an adult business within 1,000 feet of another such business or within 500 feet of a religious institution, school or public park.

The regulations followed the study that found a connection between concentrations of adult businesses and increases in crimes, such as prostitution, robberies and assaults.

The city amended the ordinance in 1983 to prohibit so-called "multiple use" adult businesses, but did not document the harm from such combinations, relying instead on laws from other jurisdictions and the 1977 study.

Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer dissented. Souter said the 1977 study provides no support to justify the 1983 ordinance.

Copyright 2002 Los Angeles Times
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