Communities that have tried to bar most or all sex businesses have generally lost court challenges to their regulatory schemes. Thus, regulations must balance legitimate community concerns about the businesses with the First Amendment rights of the business owners and customers. Courts increasingly demand that local governments base their zoning regulations of sexually oriented businesses on documented land-use effects of those businesses. Most regulations of sexually oriented businesses are directed at nude or topless bars, video stores and other establishments devoted almost entirely to sexually oriented activities. However, many well-regarded mainstream retail businesses include in their stock a measurable proportion of arguably sexually oriented material. This topic will provide you with a much greater understanding of the Constitutional parameters regulating sex businesses and give a strong introduction to key elements that should be included in any zoning and/or licensing ordinance regulating these businesses.
Agenda
Faculty
Eric Damian Kelly, Ph.D., FAICP
Ball State University
Eric Damian Kelly, PhD, FAICP and Connie B. Cooper, FAICP
- Kelly and Cooper have been crafting sexually oriented business zoning and licensing regulations for almost two decades for communities across the US, including Kansas City (MO), Detroit (MI), Memphis/Shelby County (TN), Palm Beach County (FL), Alachua County (FL), Gainesville (FL), Fort Worth (TX), Toledo (OH), Arlington (TX), Amherst (NY), Biloxi (MS), Kenton and Campbell Counties (KY), Perry County (IN), and others
- Kelly – J.D. and master's of city planning degrees, University of Pennsylvania; Ph.D. degree, The Union Institute; licensed to practice law in Colorado; professor of urban planning at Ball State University and national consultant focusing on First Amendment land uses; inducted as a fellow of the American Institute of Certified Planners in 1999; and former national president of the American Planning Association
- Cooper – national planning consultant with 40 years of experience; master's of urban and regional planning degree, University of Mississippi; inducted as a fellow of the American Institute of Certified Planners in 2000; and former national president of the American Planning Association
- Co-wrote, Everything You Wanted to Know about Regulation of Sex Businesses, a Planning Advisory Service Report published in 2000 by the American Planning Association
- Co-wrote, “Survey of Texas and Florida Appraisers: Secondary Effects of Sexually Oriented Businesses on Market Values"
- General editor (Kelly) of Matthew Bender’s 10-volume Zoning and Land Use Controls including Chapter 11, “Regulation of Sexually Oriented Businesses”
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