Zoning restrictions against adult businesses survive trial on adequacy of prior study. The Department of City Planning conducted a study on the negative secondary effects of adult businesses in the City, and concluded in 1993 that such businesses increased crime and lowered property values. Based on this study, the City in 1995 amended the zoning resolution to restrict the location of adult businesses in certain areas, banned the enlargement of existing adult uses, and prohibited the change of any use to an adult use. The amendment also defined “adult establishment” as a commercial establishment where a substantial portion (40 percent or more of accessible floor area) of the establishment included adult uses. Some adult businesses closed, but others remained legal by keeping their adult material within less than 40 percent of their accessible floor areas.

The City believed these 60/40 percent businesses were in sham compliance based on actual adult versus non-adult material sales receipts. In 2001, the City amended the zoning resolution again in 2001 to prevent stores which focused on providing adult material from avoiding the adult establishment restrictions. Adult businesses challenged the constitutionality of the amendments and sought a preliminary injunction. (read more…)