Disrupted the peace and order of these communities, and our own community
as police resources are diverted a disproportionate period of time
to address recurring issues at these live nude dancing liquor licensed
establishments.
These secondary effects are detrimental to the health, safety,
and welfare of the citizens of the City of Williston.
Whereas, the City recognizes that the First Amendment to the
United States Constitution is applicable to the states through the
Fourteenth Amendment of the United States Constitution and further
recognizes that the United States Supreme Court has held that nude
dancing is expressive conduct entitled to limited protection under
the First Amendment of the US Constitution; and
Whereas, the Commission further recognizes that freedom of speech
and expression are amongst our most precious and highly protected
rights and wishes to act consistently with protection of those rights
as they enact these regulations; and
Whereas, however, the Commission is aware, based on the effects
felt in our community and those experienced in other communities,
that liquor licensed establishments featuring live nude dancing may
and do generate secondary effects which the Commission believes are
detrimental to the public health, safety, and welfare; and
Whereas, based on evidence concerning the adverse secondary
effects of adult uses presented in hearings and in studies and local
police reports made available to the board, and on findings incorporated
in the cases of 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, 426 U.S. 50 (1976); FW/PBS, Inc. V. City of
Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, Inc., 501 US.
560 (1991); Thomas v. Chicago Park District, 122 S. Ct. 775 (2002);
California v. LaRue, 409 U.S. 109 (1972); City of Los Angeles v. Alameda
Books, Inc., 535 U.S. 425 (2002); McCrothers Corp. v. Mandan, 2007
ND 28, 728 N.E. 2d 124 (2007); City of Chicago v. Poo Bah Enterprises,
Inc., 865 N.E. 2d 390 (Ill. 2006); and other cases; and reports of
secondary effects occurring in and around adult entertainment establishments,
including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota;
Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove,
California; Los Angeles, California; Whittier, California; Austin,
Texas; Seattle, Washington; Oklahoma County, Oklahoma; Cleveland,
Ohio; Dallas, Texas; Tucson, Arizona; St. Croix County, Wisconsin;
Bellevue, Washington; Newport News, Virginia; New York, New York;
Phoenix, Arizona; Mandan, North Dakota; and from summaries of several
of the foregoing secondary effects report; the board finds:
(1)
Employees of unregulated sexually oriented businesses, especially
live nude dancing establishments, are at risk of engaging in certain
types of illicit and illegal sexual behavior at a higher incidence
than employees of other establishments.
(2)
Sex acts, including masturbation and oral and anal sex, occur
at unregulated sexually oriented businesses, especially those which
provide private or semi-private booths or cubicles for viewing films
or videos or live nude dancing and/or sexually oriented shows.
(3)
Patrons frequent these types of establishments with the purpose
of soliciting and engaging in certain illicit and illegal sexual acts
within the premises of the sexually oriented businesses. These acts
and solicitation often occur over the exchange of money.
(4)
The Office of the Texas Attorney General presented a report
to the Texas Legislature in March 2013 regarding the interconnected
relationship between human trafficking and sexually oriented businesses.
The increase in human trafficking in the Bakken region is something
state and local officials are acutely aware of and taking steps to
combat.
(5)
Between mid-2013 and June 2015 there were 200 incidents at the
2 strip clubs located within City limits that the Williston Police
Department responded to.
a.
The following is a summary of the types of calls and incidents
that the Williston Police Department responded to:
1.
The following criminal violations occurred: murder (2), fights/assaults,
DUI, disorderly conduct, unruly and intoxicated patrons, hit and run
calls, theft of property calls (including stolen vehicles), welfare
checks, traffic violations, junk ordinance violations, minors admitted
to the establishments, minors being served alcohol.
2.
Of the fight/assault calls, almost all involved intoxicated
individuals. For example, in September 2014, there was a fight between
overly intoxicated individuals outside one of the strip clubs. One
individual was pushed and struck his head. The head injury resulted
in permanent brain damage.
3.
A review of the police reports of the incidences at the adult
entertainment venues within City limits shows that over 90% of these
incidences involved alcohol.
(6)
The Office of the Texas Attorney General presented a report
to the Texas Legislature in March 2013 regarding the relationship
between human trafficking and sexually oriented businesses. The increase
in human trafficking in the Bakken region is something state and local
officials are acutely aware of and taking steps to combat.
(7)
A limited study was done by The Freedom and Justice Center for
Prostitution Resources: A program of the Volunteers of America of
Minnesota. The Survey Data was analyzed on the Statistical Program
for Social Sciences. 100% of the women involved in the study reported
incidences of physical abuse in the strip club at which they were
working. 100% of the women involved in the study reported sexual abuse
in the strip club at which they were working. 100% of these incidences
went unreported to law enforcement.
(8)
The City of St. Marys, Georgia published a Digest of Research:
The Evidence of Relationships Between Adult-Oriented Businesses and
Community Crime and Disorder.
(9)
Eric S. McCord and Richard Tewksbury of the Department of Justice
Administration at the University of Louisville, KY published an article
in Crime & Delinquency addressing if sexually oriented businesses
in communities is related to increased levels of crime. Their study
revealed that "sexually oriented businesses are associated with much
higher rates of all types of offenses in the immediate vicinity of
the business and continue to have significant effects on crime levels
as one moves further from the business." Crime & Delinquency 59(7),
1108-25(2012).
(10)
Research supports the finding that sexually oriented businesses
that serve alcohol or that are located near liquor-serving businesses
pose "larger and qualitatively different ambient public safety hazards"
than other establishments. The Illinois Supreme Court, after reviewing
available research, found that "Victims become more vulnerable because
of alcohol's debilitating effects, thus creating an attractive situation
for potential offenders." City of Chicago v. Pooh Bah Enterprises,
Inc. et al. (Ill. 2006). Research found that patrons of sexually oriented
businesses are reluctant to involve or contact law enforcement when
victimized. Testimony of Dr. Richard McCleary, a professor at the
University of California, Irvin, and Professor Lori Sexton to the
Illinois State Senate Public Health Committee in March 2012 in support
of SB 3348. Dr. McCleary is a nationally recognized expert on sexually
oriented businesses. He's been studying secondary effects of sexually
oriented businesses and the sexually oriented business industry since
the 1980s. He and Professor Lori Sexton proffered written testimony
in March 2012 to the Illinois State Legislature discussing the impact
of alcohol, crime, and sexually oriented businesses when the legislature
was contemplating creating a program to offer Grants to combat sexual
assaults and sexual violence.
(11)
Offering and providing unregulated space encourages unsafe and
unsanitary acts, which create public health issues and possibly even
health code violations.
(12)
The National Health Research and Development Program of Health
Canada published a Final Report on Erotic/Exotic Dancing: HIV-Related
Risk Factors detailing the sexual health issues that exist in live
nude dancing establishments.
(13)
Numerous communicable diseases may be spread by activities occurring
in adult entertainment establishments.
(14)
According to the best scientific evidence, sexually transmitted
diseases and infections are principally transmitted through sexual
acts. Sex acts at adult entertainment establishments is a real concern.
(15)
According to the Kaiser Family Foundation, 1.1 million people
are living with HIV in the US. 76% diagnosed are male and 24% female.
84% of new HIV infections of women occur through heterosexual sex.
The majority of all new infections across all races and genders resulted
from sexual contact. In 2010 there were 47,500 new HIV infections
in the US.
(16)
According to the CDC, there were 1.4 million reported cases
of Chlamydia in the US in 2013.
(17)
There were over 333,000 reported cases of Gonorrhea in the US
in 2013 according to the CDC.
(18)
Sanitary conditions in some adult oriented businesses are unhealthy,
in part, because of the activities conducted there are conducted in
an unhealthy fashion, and, in part, because of the unregulated nature
of the activities and the failure of the owners and operators of the
facilities to self-regulate those activities and maintain their facilities.
(19)
Numerous studies and reports have shown that semen is found
in the areas of adult entertainment establishments where persons view
adult oriented films and live nude shows, like the live nude shows
that take place at the adult establishments in Williston; and
Whereas, the Commission finds that the consumption of alcoholic
beverages exacerbates these negative secondary effects; and
Whereas, the Commission desires to minimize, prevent and control
these negative secondary effects and thereby protect the health, safety,
and welfare of its citizens; and
Whereas, the Commission is also aware that Courts in North Dakota
and in the United States Eighth Circuit Court of Appeals have found
that there is no constitutionally protected right to consume or sell
alcohol while watching or offering live nude dancing; and
Whereas, the Commission has received and contemplated studies
regarding the secondary effects of nude dancing in communities, judicial
opinions, ordinances from other communities, and City of Williston
police reports and police call logs while determining a course of
action; and
Whereas, the Commission has determined that an ordinance prohibiting
live nude dancing in liquor licensed establishments promotes the substantial
goal of minimizing, preventing, and controlling the negative secondary
effects associated with such activity; and
Whereas, the Commission has also determined that an ordinance
prohibiting live nude dancing in liquor licensed establishments is
the least restrictive means of regulating such negative secondary
effects, staying mindful of not infringing on any more protected speech
than is necessary to achieve its lawful interest in regulating the
adverse secondary effects of live nude dancing that are exacerbated
by the sale and consumption of alcohol in such establishments that
offer live nude dancing.