Based on evidence of the adverse secondary effects of adult
uses presented in hearings and in reports made available to the Board
of Trustees, and on findings, interpretations, and narrowing constructions
incorporated in the cases of City of Littleton v. Z.J. Gifts D-4,
L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books,
Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277
(2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986);
Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen
Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S.
109 (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714
(1981); Sewell v. Georgia, 435 U.S. 982 (1978); FW/PBS, Inc. v. City
of Dallas, 493 U.S. 215 (1990); City of Dallas v. Stanglin, 490 U.S.
19 (1989); and Entm't Prods., Inc. v. Shelby County, 721 F.3d 729
(6th Cir. 2013); Lund v. City of Fall River, 714 F.3d 65 (1st Cir.
2013); Imaginary Images, Inc. v. Evans, 612 F.3d 736 (4th Cir. 2010);
LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Ocello
v. Koster, 354 S.W.3d 187 (Mo. 2011); 84 Video/Newsstand, Inc. v.
Sartini, 2011 WL 3904097 (6th Cir. Sept. 7, 2011); Plaza Group Properties,
LLC v. Spencer County Plan Commission, 877 N.E.2d 877 (Ind. Ct. App.
2007); Flanigan's Enters., Inc. v. Fulton County, 596 F.3d 1265 (11th
Cir. 2010); East Brooks Books, Inc. v. Shelby County, 588 F.3d 360
(6th Cir. 2009); Entm't Prods., Inc. v. Shelby County, 588 F.3d 372
(6th Cir. 2009); Sensations, Inc. v. City of Grand Rapids, 526 F.3d
291 (6th Cir. 2008); World Wide Video of Washington, Inc. v. City
of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben's Bar, Inc. v. Village
of Somerset, 316 F.3d 702 (7th Cir. 2003); Peek-a-Boo Lounge v. Manatee
County, 630 F.3d 1346 (11th Cir. 2011); Daytona Grand, Inc. v. City
of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Heideman v. South
Salt Lake City, 348 F.3d 1182 (10th Cir. 2003); Williams v. Morgan,
478 F.3d 1316 (11th Cir. 2007); Jacksonville Property Rights Ass'n,
Inc. v. City of Jacksonville, 635 F.3d 1266 (11th Cir. 2011); H&A
Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. 2007); Hang
On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Fantasy
Ranch, Inc. v. City of Arlington, 459 F.3d 546 (5th Cir. 2006); Illinois
One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007);
G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir.
2003); Richland Bookmart, Inc. v. Knox County, 555 F.3d 512 (6th Cir.
2009); Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County,
256 F. Supp. 2d 385 (D. Md. 2003); Richland Bookmart, Inc. v. Nichols,
137 F.3d 435 (6th Cir. 1998); Spokane Arcade, Inc. v. City of Spokane,
75 F.3d 663 (9th Cir. 1996); DCR, Inc. v. Pierce County, 964 P.2d
380 (Wash. Ct. App. 1998); City of New York v. Hommes, 724 N.E.2d
368 (N.Y. 1999); Fantasyland Video, Inc. v. County of San Diego, 505
F.3d 996 (9th Cir. 2007); Bronco's Entm't, Ltd. v. Charter Twp. of
Van Buren, 421 F.3d 440 (6th Cir. 2005); Charter Twp. of Van Buren
v. Garter Belt, Inc., 258 Mich. App. 594 (2003); Jott, Inc. v. Clinton
Twp., 224 Mich. App. 513 (1997); Michigan ex rel. Wayne County Prosecutor
v. Dizzy Duck, 449 Mich. 353 (1995); Gora v. City of Ferndale, 456
Mich. 704 (1998); Rental Property Owners Ass'n of Kent County v. City
of Grand Rapids, 455 Mich. 246 (1996); 15192 Thirteen Mile Road, Inc.
v. City of Warren, 626 F. Supp. 803 (E.D. Mich. 1985); City of Warren
v. Executive Art Studio, Inc., No. 197353, 1998 WL 1993022 (Mich.
App. Feb. 13, 1998); Tally v. City of Detroit, 54 Mich. App. 328 (1974);
Z.J. Gifts D-2, L.L.C. v. City of Aurora, 136 F.3d 683 (10th Cir.
1998); ILQ Investments, Inc. v. City of Rochester, 25 F.3d 1413 (8th
Cir. 1994); Enlightened Reading, Inc. v. Jackson County, 2009 WL 792492
(W.D. Mo. March 24, 2009); MJJG Restaurant, LLC v. Horry County, 2014
WL 1314445 (D.S.C. Mar. 28, 2014); Cricket Store 17, LLC v. City of
Columbia, --- F.Supp.2d ---, 2014 WL 526339 (D.S.C. Feb. 10, 2014);
Taylor v. State, No. 01-01-00505-CR, 2002 WL 1722154 (Tex. App. July
25, 2002); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005);
Z.J. Gifts D-4, L.L.C. v. City of Littleton, Civil Action No. 99-N-1696,
Memorandum Decision and Order (D. Colo. March 31, 2001); People ex
rel. Deters v. The Lion's Den, Inc., Case No. 04-CH-26, Modified Permanent
Injunction Order (III. Fourth Judicial Circuit, Effingham County,
July 13, 2005); Reliable Consultants, Inc. v. City of Kennedale, No.
4:05-CV-166-A, Findings of Fact and Conclusions of Law (N.D. Tex.
May 26, 2005); Warren Gifts, LLC v. City of Warren, No. 2:02-cv-70062,
R. 26 (E.D. Mich. June 21, 2002) (denying motion for preliminary injunction);
Patterson v. City of Grand Forks, Case No. 18-2012-CV-00742, Memorandum
Decision and Order (Grand Forks Cnty. Dist. Ct. Nov. 1, 2012); and
based upon reports concerning secondary effects occurring in and around
sexually oriented businesses, including, but not limited to, "Correlates
of Current Transactional Sex among a Sample of Female Exotic Dancers
in Baltimore, MD," Journal of Urban Health (2011); "Does the Presence
of Sexually Oriented Businesses Relate to Increased Levels of Crime?"
Crime & Delinquency (2012) (Louisville, KY); Metropolis, Illinois
- 2011-12; Manatee County, Florida - 2007; Hillsborough County, Florida
- 2006; Clarksville, Indiana - 2009; El Paso, Texas - 2008; Memphis,
Tennessee - 2006; New Albany, Indiana - 2009; Louisville, Kentucky
- 2004; Fulton County, GA - 2001; Chattanooga, Tennessee - 1999-2003;
Jackson County, Missouri - 2008; Ft. Worth, Texas - 2004; Kennedale,
Texas - 2005; Greensboro, North Carolina - 2003; Dallas, Texas - 1997;
Houston, Texas - 1997, 1983; Phoenix, Arizona - 1995-98, 1979; Tucson,
Arizona - 1990; Spokane, Washington - 2001; St. Cloud, Minnesota -
1994; Austin, Texas - 1986; Indianapolis, Indiana - 1984, 2009; Garden
Grove, California - 1991; Los Angeles, California - 1977; Whittier,
California - 1978; Oklahoma City, Oklahoma - 1986; New York, New York
Times Square - 1994; the Report of the Attorney General's Working
Group On The Regulation Of Sexually Oriented Businesses, (June 6,
1989, State of Minnesota); Dallas, Texas - 2007; "Rural Hotspots:
The Case of Adult Businesses," 19 Criminal Justice Policy Review 153
(2008); "Stripclubs According to Strippers: Exposing Workplace Sexual
Violence," by Kelly Holsopple, Program Director, Freedom and Justice
Center for Prostitution Resources, Minneapolis, Minnesota; "Sexually
Oriented Businesses: An Insider's View," by David Sherman, presented
to the Michigan House Committee on Ethics and Constitutional Law,
Jan. 12, 2000; Sex Store Statistics and Articles; and Law Enforcement
and Private Investigator Affidavits (Adult Cabarets in Forest Park,
GA and Sandy Springs, GA), the Board of Trustees finds:
(a)
Sexually oriented businesses, as a category of commercial uses,
are associated with a wide variety of adverse secondary effects, including,
but not limited to, personal and property crimes, prostitution, potential
spread of disease, lewdness, public indecency, obscenity, illicit
drug use and drug trafficking, negative impacts on surrounding properties,
urban blight, litter, and sexual assault and exploitation. Alcohol
consumption impairs judgment and lowers inhibitions, thereby increasing
the risk of adverse secondary effects.
(b)
Sexually oriented businesses should be separated from sensitive
land uses to minimize the impact of their secondary effects upon such
uses, and should be separated from other sexually oriented businesses,
to minimize the secondary effects associated with such uses and to
prevent an unnecessary concentration of sexually oriented businesses
in one area.
(c)
Each of the foregoing negative secondary effects constitutes
a harm which the Township has a substantial government interest in
preventing and/or abating. This substantial government interest in
preventing secondary effects, which is the Township's rationale for
this chapter, exists independent of any comparative analysis between
sexually oriented and nonsexually oriented businesses. Additionally,
the Township's interest in regulating sexually oriented businesses
extends to preventing future secondary effects of either current or
future sexually oriented businesses that may locate in the Township.
The Township finds that the cases and documentation relied on in this
chapter are reasonably believed to be relevant to said secondary effects.