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05-400�rn�� CITY Presented By Referred To: Council File # ��'�d Ordinance # Green Sheet # � (yc2 �0 3 Date: 1 An ordinance amending Chapter 60 of the Saint Paul Legislative Code 2 changing zoning regulations for adult entertainment businesses by changing 3 the definition of aduit bookstore, by revising the distance requirements for 4 spacing between adult entertainment businesses and also for buffering 5 between adult entertainment businesses and protected land uses, and by 6 simplifying the regulations for nonconforming adult uses. The Council of the City of Saint Paul does ordain: Section 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 That Sections 65.661 through 65.670, which give definitions and standards for adult entertainment uses, are hereby amended to read as follows: Sec. 65.661. Adult use. Adult uses include the uses defined below and other premises, enterprises, businesses ar places open to some or all members of the public at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. No obscene work shall be allowed. ,,._. _.. Sec. 65.662. Adult bookstore. I��.f:� A building or part of a building used for the barter, rental or sale of a signi�ican�portion of items consisting of(-i devices, arparaphernalia� " ' ," printed matter, pictures, slides, records, audio tape, videotape, motion picture film, arCD ROMs or other dieital recordin¢s or anetker anv other form of recording if such items are distinguished or chazacterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas." "Significant portion of items" shall mean more than fifteen (15) percent of usable floor area or more than =�'' S��( ��U DS ORDINANCE PAUL, MINNESOTA 3� 28 29 fcll] 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 �two�liuiidre� ttivent�v five�(2251 square feet of floor area used for the display and barter, rental or sales of such items. No obscene work shall be allowed. Standards and conditions: (a) In B3 Business and I1-I2 Indushial Districts the adult bookstore shall be located at least_ , one thousand fivehundred (i';5001 feet from any other adult use in any municipality, and in B4- BS Business Districts the adult bookstore shall be located at least � seven fiuniiied fif[v'(7501 feet from any other adult use ' , measured in a straight line from the closest points of the property lines of the buildings in which the adult uses aze located. (b) In B3 Business and Il-I2 Industrial Districts the adult bookstore shall be located at least ' five hundred (5001 feet from any residentially zoned property-nran�, and in B4-BS Business Districts the adult bookstore sha11 be located at least�rkmn�rec� (-496j two hundred fift (� feet from any residential property ' ', measured in a straight line from the closest point of the property line of the building in which the adult bookstore is located to the closest residentially zoned property line. (c) In B3 Business and I1-I2 Industrial Districts the adult bookstore shall be located at least €anr five hundred �} 500 feet from any protected use. In B4-BS Business Districts the adult bookstore shall be located at least t�vcrimr,dred-(-�96j two hundred fifty f2501 feet from any protected use. "Protected use" shall be defined as pbrpases;residential buildings in nonresidential zonine districts, mixed commercial residential buildines, a day care center, where such day care center is a principal use; a house of worship; a public library; a school (public, parochial or private elementary, junior high or high school); a public regional park or parkway, public park, public recreation center or public specialized recreation facility as identified in the parks and recreation element of the Saint Paul Comprehensive Plan; a fire station; a community residential facility; a-missiair an emergencv housin fae cility or a hotel/motel. The distance shall be measured in a straight line from the closest point of the properiy line of the building in which the adult bookstore is located to the ciosest point of the properry line of the building in which is located an aforementioned protected use. f.��.��...�..�..�,.�.�.�..,..�.��.�. � . . . .� .. . . . • . .� � : : . : :.. : . . � : : . : •• ... . • . . ... ... . . • . . . . .. .. � . ::: : : : . . . .. . _ . . .... . . . . .. . . . . :. .� . �:: . : : ••.. . : . : = : : . : . : � � : � : :, ... : . ... : . . . . . ... . . .. . . • . .. . : . � . . :. : . ... : . . . :. : .. . . :. 6S---yGo 73 , 74 , ' 75 " , 76 absen+e� 77 (e� All signs shali comply with Chapter 64 of the zoning code and with Chapters 274 78 and 275 of the Saint Paul Legislative Code. 79 80 81 82 83 84 85 86 :� 90 91 92 93 94 95 96 97 .� (€� No person shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in the adult bookstore which is prohibited by any ordinance of the City of Saint Paul, the laws of the State of Minnesota, or the United States of America. Nothing in this section shall be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or ordinances, including, but not limited to, statutes or ordinances prohibiting the e�ibition, sale or distribution of obscene material generally or the exhibition, sale or distribution of specified materials to minors. No obscene work shali be allowed. (�fl The special condition use permit for the adult bookstore shall be reviewed annually to ensure that no change in use occurs and that no additional adult uses are added to the building containing the adult bookstore. (i�g) The adult bookstore is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least -� o- � �;Mr r � � r !p.� v , 0., a � ° " - ��5'd�F f`�"��:.� p�#� feet apart in B3 Business and I1-I2 Industrial Districts, and at least �.._..... . . , ° ` �° � �" � °°�' � " ' ,�` !� ' m m= feet apart in B4-B S , _ Business Districts. (ih) The adult bookstore shall not be located within a building also used for residential purposes. Sec. 65.663. Adult cabaret. 99 A building or portion of a building used for providing dancing or other live entertainment, 100 if such building or portion of a building excludes minors by viriue of age, or if such 101 dancing or other live entertainment is distinguished or chazacterized by an emphasis on the 102 presentation, display, depiction or description of "specified sexual activities" or "specified 103 anatomical azeas." No obscene work sha11 be allowed. 104 Standards and conditions: 105 106 107 108 109 110 111 112 Adult cabarets shall be subject to the same standazds and conditions listed above in section 65.662 for adult bookstores, with the substitution of the phrase "adult cabaret" for the phrase "adult bookstore" wherever it appears. The adult cabazet is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least '�` "'' "� � a- x�:w . s� ,sr,�;p°� *� , �l6�t��t��° =��-9�dr� �:'�(�feet apart in B3 Business and I1-I2 Industrial Districts, and at least , _ '�``" '�` �" ��" " �-� � � �� feet apart in B4 and BS Districts. o�= -�oo 113 Sec. 65.664. Adult conversarion/rap parlor. 114 A conversation/rap parlor which excludes minors by reason of age, or which provides the 115 service of engaging in or listening to conversation, talk or discussion, if such service is i 16 distinguished or characterized by an emphasis on "specified sexual activities" or "specified 117 anatomical azeas." No obscene work shall be allowed. 118 Standards and conditions.• 119 izo 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 Adult conversation/rap parlors sha11 be subject to the same standazds and conditions listed above in section 65.662 for adult bookstores, with the substitution of the phrase "adult conversation/rap parlor" for the phrase "adult bookstore" wherever it appears. The adult conversation/rap pazlor is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least �6 •�� `anet�ioiisanzl`five Ixziu�cY�ec�'�1.5'f7t3=� feet apart in B3 Business and Il-I2 Industrial Districts, and at least `:��'�feet apart in B4-BS Business Districts. Sec. 65.665. Adult health/sport club. A health/sport club which excludes minors by reason of age, ar if such club is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." No obscene work shall be allowed. Standards and conditions: Adult health/sports clubs shall be subject to the same standards and conditions listed above in section 65.662 for adult bookstores, with the substitution of the phrase "adult health/sports club" for the phrase "adult bookstore" wherever it appears. The adult health/sports club is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least `-- -`� d< 3§ 1........ 'b �' g f@ rL .1 � fr , _ , . . . �e��at�n��id�`edE�(�) feet apart in B3 Business and I1-I2 Industrial and at least ane-tl�eusand-three �� ; ��,�P . �'e�= �5: - feet apart in B4-BS Business Districts. Sec. 65.666. Adult massage parlor. 144 A massage parlor which restricts minors by reason of age, or which provides the service of 145 "massage," if such service is distinguished or characterized by an emphasis on "specified 146 sexual activities" or "specified anatomical azeas." No obscene work sha11 be allowed. 147 Standards and conditions: 148 149 150 Adult massage pazlors shall be subject to the same standazds and conditions listed above in section 65.662 for adult bookstores, with the substitution of the phrase "adult massage parlor" for the phrase "adult bookstore" wherever it appears. The o�- -�oo isi 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 adult massage parlor is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least �' �one thousauii�fiv"e hundred (1.500) feet apart in B3 Business and I1-I2 Industrial Districis, and at least � �seaen hun�red.fi8v (750� feet apart in B4-BS Business Districts. Sec. 65.667. Adult mini-motion picture theater. A building or portion of a building with a capacity for less than fifty (50) persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such materiai is distinguished or chazacterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical azeas" for observation by patrons therein. No obscene work shall be allowed. Standards and conditions: Adult mini-motion picture theaters shall be subject to the same standards and conditions listed above in section 65.662 for adult bookstores, with the substitution of the phrase °adult mini-motion picture theater" for the phrase "adult bookstore" wherever it appeazs. The adult mini-motion picture theater is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least ' �m�, �-�FxN �� i��"��a�'id �� ` ��:" feet apart in B3 Business and I1-I2 Industrial Districts, and at least , _ m�o-� vd �,°'_� feet apart in B4-BS Business Districts. Sec. 65.668. Adult motion picture theater. A building or portion of a building with a capacity of fifty (50) or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. No obscene work shall be allowed. Standards and conditions: Aduit motion picture theaters shall be subject to the same standards and conditions listed above in section 65.662 for adult bookstores, with the substitution of the phrase "adult motion picture theater" for the phrase "adult bookstore" wherever it appears. The aduit motion picture theater is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least � feet apart in B3 Business and I1-I2 Industrial apart in B4-BS Business Districts. and at least � �ii��i��'�� feet D �- �100 192 193 194 195 196 197 198 199 �►.III17 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 Sec. 65.669. Adult steam room/bathhouse facility. A building or portion of a buiiding used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relasation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or chazacterized by an emphasis on "specified sexual activities" or "specified anatomical areas." No obscene work shall be allowed. Standards and conditions: Adult steam room/bathhouse facilities shall be subject to the same standards and conditions listed above in section 65.662 for adult bookstores, with the substitution of the phrase "adult steam room/bathhouse facility" for the phrase "adult bookstore" wherever it appears. The adult steam room/bathhouse facility is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least � " - � � - � - � r_.._ _ i� � n n� '�-y�'"-14 _'�"�!3S , �� `�° =��'��'��cl,�'�;�9� feet apart in B3 Business and I1-I2 Industrial Districts, and at least , ,•;r� � � �: �� _.. �, ,'�e° ��feet apart in B4-BS Business Districts. Sec. 65.670. Adult use, general. A premises, enterprise, business or place, not specifically defined above, open to some or all members of the public at or which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical azeas" which are capable of being seen by members of the public. No obscene work shall be allowed. Standards and conditions: General adult uses shall be subject to the same standazds and conditions listed above in section 65.662 for adult bookstores, with the substitution of the phrase "general adult use" for the phrase "adult bookstore" wherever it appears. The general adult use is considered to be one (1) use. No two (2) adult uses can be in the same building but must be a � s � , p c.- aced at least u.: �� - m��;�a�� " ��5��t� � � �� '_ ,, , m � €�. . _ �a �_, =_��. ;� feet apart in B3 Business and I1-I2 Industrial Districts, and at least --- `'------�' �L..__ L.�,1.__,1 �er�y ,,,_;"� �'eiS =��=F �1'�3i;feet apart in B4-BS Business Districts. Section 2 That Section 62.110 regazding nonconforming adult bookstores is hereby amended to read as follows: o s- .y� � 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 Sec. 62.110. Nonconfornung adult bookstores. r� : i • � � � - i � ' — :r: i " • • . • • � • � _ • _ _ � _ _ :i ., � : -.� .� . � . � : . : : . . . . :� . :� :, � . � ., _ . : : : . . . . . . . :, : .: :.. . . � �%/f�]RI///ff//{R%l/SI//fRll/I[I///qfA' � - • � � " � �� ...�.��,��.....�.��........�.� . : .. � . .. .: . . � . . . . . : . . :. . . � : . . : :: . . : . :� . . . . . . . ,. . ..= ,,.,. : : :• . . .. • . . . : ::. ... . : : :.. • : . :�.. : . : : : :. : : : - :.. . . . :. :.• . � : : : •: .� . .. : :.. : : . . :. . =. . . . ... . � : : : :.. . :� . - : . :: .� � : : . ..� : . .. .. : :: : .. :: :.: : .� . :. . ... .. :.. .. . : . .. . . : . • :. : : : : : : : . :� . . . .: .. . : . . : � : ... :� .: . • : :� • .: : : . : • ... .� . :. : . : • . �. :. . . : . . . . :. . - : . : : . : : . ::: . � . . .: :.: : . . . .. eu:aen:au��u:r•�uiu�ei<.�eiu�oi:iu:nw - .• ... ..:. . . .: . . •. . : . :.. ... . : • . . .. .. . . . . . .� . .: . _ . : : :. : ::. . Adult business aze subject to all of the provisions of this chapter with the followin¢ addition: when any nonconforming_ adult business or anv buildine or portion of a building containing a nonconforming adult use is destroXed to an extent ereater than fi (501 percent of its market value, the adult business shall not be reestablished. bS- -�oo 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 Secrion 3 This ordinance, under Council file no. _�, amending Legislative Code Sections 65.661 through 65.670 and Section 62.110, shall become effective thirty (30) days after its passage, approval and publicarion. Yeas Nays Absent Benanav � Bostrom ,/ Harris � Helgen ✓ Lantry � Montgomery ,i Thune ` Adopted by Council Date: �/JLr��S��dS Adoption Certified by Council Secretary By: �,�1^i� /��csUi� �. � r ��? � t � � �k� ..�5.�"� 7... �'.. �'. ,� { � rt Requested by Department of: Planning & Economic Development � Form Approved by City Attorney By: �� !✓L✓a.v�.— S 3-os Approved by Mayor for Submission to Council Council I� �� Z� i �� ( CoWm� c c c tp ' ai Ji N '--'� N N 3 � '� N O � O O vi 3 � 3 � ' � � N � (T _ O N C o n N � O m », m " av N N � y N v � 0 � � p � N • ��0� C N tn Sx ' � N � O ' N � O 4 .Y` s \ ._. ��.3' 1 ., — � � � � � �, / %., � / i �i % — "- ,{, i r' � I ; ". �t , _ � V , \, N O � � _ N - �� t �,.. � , �� i" ' \ i � \� �� ,� .� \ � X� � � \ OS-�� .. -c/oo � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ' DepartmenNo�ce/council: Date Initiated: � �� PE — P�anning&EconomicDevelopment 26APR-05 Green Sheet NO: 3026263 . ConWCt Person 8 Phone• Departrnent Sent To Person . InitiaVDate � Emily Ulmer � 0 laooin & Economic Develo Plannin Admin. 6$591 Assign . 1 Iannin & Economic Develo De arhnent Director Must Be onCOUncil Agenda by (Date): Number 2 ' pttorne �1� s<< `r Por � Routing � 3 a or's Oflice Ma or/Assistant . � Order 4 oun i1 ", � 5 i Clerk Ci Clerk � - Total # of Signature Pages � (Clip kll Locations for Signature) , Action Requested: � The Planning Commissison's recommendarions aze contained in the attached Resolution and Adult Entertainment Zoning Study. ;,w: ., � Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: - � Planning Commission 1. Has this person/firm ever worked under a contract for this depadment? � CIB Committee Yes No � Civil Service Commission 2. Has this personffirm ever been a ciry employee? A PED & L3EP Yes No � , 3. Does this person/firm possess a skill not normally possessed by any . current city employee? - - Yes No Explain all yes answers on separate sheet and attach to green sheet � Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): In 1999 Ramsey County District Court overtumed the 1995 adult entertainment ordinance. After the Love Doctox controversy on May �„ _. 19, 2004, City councit approved a resolution (Council File .#04-539) requesYing a study of the City's adult enterta.inment zoning "' regulations and a moratorium that expires on Ju1y17, 2005, preserving the status quo during this time. �:,-: i` � Advantages I£ Approved: The Adult Entertainment Ordinance wIll be, adopted so that the defmition of adult entertainment uses, which has been somewhat ambiguaus since the 1999 court decision, will be clarified. Disadvantapes If Approved: � � , As with all zoning regulafions for adult businesses, there is a possibility that the Ciry will be sued by business owners. - - � «',-:-. ✓:: 1.b � � DisadvantaqeslfNotApproved: - The ambiguiTy left by the 1999 Court decision will continue. r � - �i._ b v ..W_ . . To[al Amount of CostlRevenue Budgeted: � � Trdnsaction: FundinSl Source: Activity Number: � ��+arrh C`an±c?� Financiallnformation: � � (FacPlairi) 6'1(R L 1 �y{Q� � Coancil File # �S — '�'�OD Ordinance # Green Sheet # 3026263 ORDINANCE CITY OF SAINT PAUL, MINNESOTA : To: Committee The Council of the City of Saint�aul does ordain: 1 ordinance amending Chapter 60 of the Saint Paul Legislative Code 2 ch ing zoning regulations for adult entertainment businesses by changing 3 the d nition of adult bookstore, by revising the distance requirements for 4 spacin etween adult entertainment businesses and also for buffering 5 between uit entertainment businesses and protected land uses, and by 6 simplifying e regulations for nonconforming adult uses. 7 Section 1 9 10 11 12 13 That Sections 65.661 thro�65.670, which give definitions and standards for adult entertainment uses, e hereby amended to read as follows: Sec. 65.661. Adult use. 14 Adult uses include the uses defined below and other p�: 15 places open to some or all members of the public at or i� 16 the presentation, display, depiction or description of "sp 17 "specified anatomical areas" which aze capable of being 18 No obscene work shall be allowed. 19 Sec. 65.662. Adult bookstore. iises, enterprises, businesses or which there is an emphasis on ied sexual activities" or �ee by members of the public. 20 A building or part of a building used for the barter, rental or sale of a sig ificant portion of 21 items consisting of �}-insu�uments, devices, �rparaphernalia� 22 " printed matter, picture slides, 23 records, audio tape, videotape, motion picture film, arCD ROMs or other di i 24 recordines or �er � other form of recording if such items aze distinguishe r 25 chazacterized by an emphasis on the depiction or description of "specified sexual 26 activities" or "specified anatomical azeas." "Significant portion of items" shall mean ore 27 than fifteen (15) percent of usable floor area or more than thre 05- -�oo m 30 31 32 33 34 35 36 37 38 39 40 41 hundred (300) square feet of floor azea used for the display and barter, rental or sales of such items. No obscene work shall be allowed. Standards and conditions: In B3 Business and Il-I2 Industrial Districts the adult bookstore shall be located at least one thousand l,f Q001 , feet from any other adult use in any municipality, and in B4-BS Business Districts the adult bookstore shall be located at least five hundred (5001 feet from any other adult use m-�q-nxmneipa�itq, measured in a str ' ht line from the closest points of the property lines of the buildings in which the (b) In B3 least : uses are located. and I1-I2 Industrial Districts the adult bookstore sha11 be located at �tundrec�{8�}feet from any residentially zoned and in B4-BS Business Districts the adult bookstore 42 shall be located least two hundred fiftv �� ¢�A6j feet from any 43 residential prope in any municipality, measured in a straight line from the 44 closest point of the operty line of the building in which the adult bookstore is 45 located to the closest r identiaily zoned property line. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 (c) In B3 Business and Il-I2 I� least five fanr hundred j501 Business Districts the adult 2��F269�rfeet from any pr Districts the adult bookstore shall be located at feet from any protected use. In B4-BS �re shall be located at least two hundred fiftv use. "Protected use" shall be defined as residential buildin�s, paee-is-used-far �-ptupases; a day caze center, h��re such day care center is a principal use; a house of worship; a public library; a'sk; ool (public, parochial or private elementary, junior high or high school); a pub ' regionai park or parkway, public park, public recreation center or public specialize recreation facility as identified in the pazks and recreation element of the Saint Pa omprehensive Plan; a fire station; a community residential facility; anriss'carr an er or a hotel/motel. The distance shall be measured in a stra ht point of the property line of the building in which the adult the closest point of the property line of the building in which aforementioned protected use. line from the closest ookstore is located to '� located an :- : :. : .: � _ . � : _ � ..: : . ..: . . . . .� � : . . : :. . . • . .. . : . . :. . ... : : .. : :. : : : : . � . . . . . , :� : . oS- �/oo 74 75 76 77 78 79 80 81 82 83 84 85 :: 89 90 91 92 93 94 95 .� . :, . : : . . .: :, : .: ..: : . . , . . . . . . � ;� . . :. -. . . . � .� - .: .. : All signs shall comply with Chapter 64 of the zoning code and with Chapters 274 and 275 of the Saint Paul Legislative Code. (€� person shall engage in any activity or conduct or permit any other person to en e in any acrivity or conduct in the adult bookstore which is prohibited by any ordin ce of the City of Saint Paul, the laws of the State of Minnesota, or the United tes of America. Nothing in this section shall be construed as authorizing or permitti conduct which is prohibited or regulated by other statutes or ordinances, i luding, but not limited to, statutes or ordinances prohibiting the exhibition, sale r distribution of obscene material generally or the e�ibition, sale or distribution o ecified materials to minors. No obscene work shall be allowed. (�fl The special condition se permit for the adult bookstore shall be reviewed annually to ensure that no chang 'n use occurs and that no additional adult uses are added to the building containing e adult bookstore. (kg) The adult bookstore is conside d to be one (1) use. No two (2) adult uses can be in the same building but must be s ced at least one thousand 1( ,OOO�trovafi�iansxn� , feet ap 'n B3 Business and I1-T2 Industrial Districts, and at leasY five hundred (500� , feet apart in B4-BS Business Districts. (i� The adult bookstore shall not be located wi in a building also used for residential purposes. Sec. 65.663. Adult cabaret. 97 A building or portion of a building used for providing dancing o ther live entertainment, 98 if such building or portion of a building excludes minors by viriue age, or if such 99 dancing or other live entertainment is distinguished or characterized an emphasis on the 100 presentation, display, depiction or description of "specified sexual acti 'ties" or "specified 101 anatomical areas." No obscene work shall be allowed. 102 103 104 105 106 107 108 109 110 Standards and conditions. Adult cabarets shall be subject to the same standards and conditions listed�bove in section 65.662 for adult bookstores, with the substitution of the phrase "adu� cabazet° for the phrase "adult bookstore" wherever it appears. The adult cabaz is considered to be one (1) use. No two (2) adult uses can be in the same building b must be spaced at least one thousand 1,0001 �feet apart in B3 Business and I1-I2 Industrial Districts, and at leastfive hundred (500) , feet apart in B4 and BS Districts. os- �Y� 111 \ Sec. 65.664. Adult conversation/rap parlor. 112 A conversation/rap parlor which excludes minors by reason of age, or which provides the 113 service of engaging in or listening to conversation, talk or discussion, if such service is 114 istinguished or characterized by an emphasis on "specified sexual activities" or "specified 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 azeas." No obscene work shall be allowed. and conditions: A t conversation/rap pazlors shall be subject to the same standazds and cond 'ons listed above in section 65.662 for adult bookstores, with the substitution of the p ase "adult conversation/rap pazlor" for the phrase "adult bookstore" wherever appears. The adult conversation/rap pazlor is considered to be one (1) use. No tw (2) adult uses can be in the same building but must be spaced at least one thousand 1000 (�-,6&$}feet apart in B3 Business and I 2 Industrial Districts, and at least five hundred (5001 ane , feet apart in B4-BS Business Districts. Sec.65.665. Adult A health/sport club which excludes �7 distinguished or characterized by an i anatomical areas." No obscene work Standards and conditions: by reason of age, or if such club is on "specified sexual activities" or "specified allowed. Adult healtl�/sports clubs shall be subject listed above in section 65.662 for adult � phrase "adult health/sports club" for the � same standards and conditions �res, with the substitution of the ladult bookstore" wherever it appears. The adult health/sports club is considere to be one (1) use. No two (2) adult uses can be in the same building but must be aced at least one thousand 1( .000� , feet a in B3 Business and I1-I2 Industrial Districts, and at least five hundred (500� t�venfq�6j feet apart in B4-BS Business Districts. Sec. 65.666. Adult massage parlor. 140 A massage parlor which restricts minors by reason of age, or which provi s the service of 141 "massage," if such service is distinguished or chazacterized by an emphasis "specified 142 sexual activities" or "specified anatomical areas." No obscene work shall be owed. 143 Standards and conditions: 144 145 146 Adult massage parlors shall be subject to the same standazds and conditions 1 e above in section 65.662 for adult bookstores, with the subsritution of the phras "adult massage parlor" for the phrase "adult bookstore" wherever it appears. The DS- -<(bD 147 adult massage pazlor is considered to be one (i) use. No two (2) adult uses can be 148 in the same building but must be spaced at least one thousand (1,000� twa 149 , feet apart in B3 Business and I1-I2 Industrial 150 Districts, and at least five hundred (5001 151 �i�&}-feet apart in B4-BS Business Districts. 152 Sea 5.667. Adult mini-motion picture theater. 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 .: 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 A buildi or portion of a building with a capacity for less than fifty (50) persons used for presenting terial if such building or portion of a building as a prevailing practice excludes min by virtue of age, or if such material is distinguished or chazacterized by an emphasis on the epiction or description of "specified sexual activities" or "specified anatomical azeas" r observation by patrons therein. No obscene work shall be allowed. Standards and Adult mini-motion ture theaters shall be subject to the same standazds and conditions listed above ' section 65.662 for adult bookstores, with the substitution of the phrase "adult mini- otion picture theater" for the phrase "adult bookstore" wherever it appeazs. The ad mini-motion picture theater is considered to be one (1) use. No two (2) adult uses least one thousand- 1 000 t� Business and Ii-I2 Industrial : be in the same building but must be spaced at feet apart in B3 and at leastfive hundred (SOOLene f�et apart in B4-BS Business Districts. Sec. 65.668. Adult motion picture theater. A building or portion of a building with a capacity of fi 50) or more persons used for presenting material if such building or portion of a building a prevailing practice excludes minors by virtue of age, or if such material is disting ' hed or characterized by an emphasis on the depiction or description of "specified sexual ac ities" or "specified anatomical areas" for observation by patrons therein. No obscene k shall be allowed. Standards and conditions: Adult motion picture theaters shall be subject to the same standazds conditions listed above in section 65.662 for adult bookstores, with the substitutio f the phrase "adult motion picture theater" for the phrase "adult bookstore" wh ver it appears. The aduit motion picture theater is considered to be one (1) use. N o (2) adult uses can be in the same building but must be spaced at least one thou d 1( ,Q001 , feet apart in B3 Business and I1- Industrial Districts, and at least five hundred (SOOZ h�e�,3�9�feet apart in B4-BS Business Districts. ps- -�J o0 185 186 187 188 189 190 191 S� 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 Sec. 65.669. Adult steam room/bathhouse facility. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, rel�ing or reducing agent, if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is �stinguished or chazacterized by an emphasis on "specified sexual activities" or "specified ical azeas." No obscene work shall be allowed. nd conditions: Adult am room/bathhouse facilities shall be subject to the same standazds and condition isted above in section 65.662 for adult bookstores, with the substitution of the phras "adult steam room/bathhouse facility" for the phrase "adult bookstore" wh ever it appears. The adult steam room/bathhouse facility is considered to be e(1) use. No two (2) adult uses can be in the same building but must be spaced at 1 t one thousand- 1 000 ��feet apart in B usiness and I1-I2 Industrial Districts, and at least five hundred (500� n�ed��veniy_{�9j-feet apart in B4-BS Business Districts. Sec. 65.670. Adult use, general. A premises, enterprise, business or place, not s ci1 all members of the public at or which there is an depiction or desaription of "specified sexual activit� which are capable of being seen by members of the allowed. ly defined above, open to some or sis on the presentation, display, or "specified anatomical areas" lic. No obscene work shall be Standards and conditions: 210 General adult uses shall be subject to the same standazds �d 211 above in section 65.662 for adult bookstores, with the subst� 212 "general adult use" for the phrase "adult bookstore" whereve� 213 generai adult use is considered to be one (1) use. No two (2) 214 the same building but must be spaced at least one thousand � 215 , feet apart in B3 Business and I1-I2 216 and at least five hundred (500) --- `'-- -- ' "---'----' -' ` 217 apart in B4-BS Business Districts. 218 219 220 Section 2 conditions listed ation of the phrase �, appeazs. The ad�t lt uses can be in Districts, That Section 62.110 regarding nonconforming adult bookstores is hereby amended to read as follows: o S - �oo 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 Sec. 62110. Nonconforming adult bookstores. =. :.. .:: . . . :. . . ... .. .. � . : .� .: .� : . . : . . . . � . ��:,..�.��a...,.�..�.,..�.....n:...,, :. . � . . :: percent of its market value, the adult business shall not be reestablished. b5 - �f o0 se�hon 3 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 This ordinance, under Council file no. , amending Legislative Code Secrions 65.661 through 65.670 and Section 62110, shall become effecrive thirry (30) days after its passage, approval and publication. Benanav B Harris Flelgen Nays �� Absent Requested by Department of: Plannin & Economic Development By: '�C Lantry Montgomery Thune Adopted by Council Adoption Certified by Council Secretary L•� Approved by Mayor: : Form Approved by City Attomey g �W.l�a.v�^.�- Y^1 L—oS Mayor for \ DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Susan KimGerly, Director � //� 7�� CITY OF SAINT PAUL Randy C. Kelly, Mayor DATE: Apri126, 2005 TO: FROM: 17� 25 Wut Fourth Siree! Telephone: 65L266-6700 SaintPau[,MN55101 Facsimile:651-?28-3320 Mayor Randy Kelly Council President Lantry and Members of the City Council Larry Soderhol�fi;1'lanning Administrator/PED Adult Entertainxnent Zoning Amendments In response to the City Council's request last May, the Plamiing Commission has done the attached Adult Entertainment Zoning Study, which contains the Commission's analysis and recommendations. The Council also adopted a moratorium on new adult entertainment businesses during the study period. The moratorium expires on July 18`", so the Council needs to act on a new ordinance by early June and get it published by June 18` • The Planning Commission's recommendations aze based the secondary effects that adult entertainment businesses haue on their surrounding neighborhoods. These negative effects wca clearly severe and blighting in the 1970s and 1980s when the City had concentrations of adult businesses. Now that adult businesses haue become more dispersed the negative effects are less pronounced, which is what City policy intended. The Planning Commission has also relied on studies of secondary effects in other cities around the country and has compared the City's regulations with those of other municipalities and with various court decisions. Based on this analysis the Planning Commission, with help from LIEP and PED, recommends the following: (a) (b) 1 1 u Revising the definition of adult business to mean a business with more than 15 percent of its floor area or more than 300 square feet devoted to the sale of adults-only materials; Revising the spacing requirements for adult businesses as shown in the chart below: Separation/Buffer 1995 Ordinance 2005 Recommendation From another adult business 2,640' in neighborhoods 1,000' in neighborhoods 1,320' downtown 500' downtown From residenrial zoning dishict 800' in neighborhoods 500' in neighborhoods 400' downtown 250' downtown From protected land uses (school, 400' m neighborhoods 500' in neighborhoods park, church, etc.) 200' downtown 250' downtown G:�Shared�PED\UlmerW.dult Gntertamment Zoning Swdy\Traasmittakdca§�[�&A�6iFi7dye�6-05 wpd � 05-L.�� t (c) Dropping the amortization requirement that the City Coun�il included in iYs 1995 ; ordinance, which was subsequently invalidated by the Ranisey County Dishict Court. ;9 • • If you have any questions, please call me at 651-266-6575 or Wendy Lane in LIEP at 651-266- 9081, or new PED planner Emily U1mer at 651-266-6591. G.\Shared�PED\NmerWdult Entertainment Zomno Study\Transm�ttakptah�k�&II�fi(]o¢d6-OS wpd C� � �.`.,=: 0�'�Q� Saint Paul Planning Commission City HaII Confecence Center 15 Kellogg BouIevard West Minutes of Apri122, 2005 r� �_J � .,� ;: <� �_ `, A meeting of the Planning Commission of the City of Saint Paul was held Friday, April 22, 200�, at 830 a.m. in the Conference Center of City Hall. Commissioners Mmes. Donnelly-Cohen, Fazicy, Zimmer Lonetti, NlcCall, Morton, and Porter; Present: and Messrs. Aligada, Alton, Bellus, Coletta, Dandrea, Goodlow, Gordon, Johnson, Kramer, Mejia, and Scott. Commissioners Mmes. xLu; and Messrs. "Anfang and Kong. Absent: � Excused Also Present: Larry Soderholm, Planning Administrator; Patricia James, Emily Ulmer, Nate Lischwe (intem), Lucy Thompson, Donna Drummond,Jessica Rosenfeld, Penny Simison, Allen Carlson, and Mary Bruton, Department of Planning and Economic Development staff; and 7aneen Rosas, Wendy Lane, Jeff Hawkins, and Chris Schweinler, LIEP staff; and Mike Klassen, Public Works staff. a. Swearing in New Member • II. [� IV Mr. James Bellus was sworn in as a Saint Paul Planning Commission member by Ms. Shari Moore, acting City Clerk. Approval of minutes of April 8, 2005 MOTION: Commissioner Morton moved approval of the minutes of April 8, 2005. Commissioner ponnelly-Cohen seconded the motion. The rrcotion carried unanimously on a voice vote. Chair's Announcements Chair Johnson reminded the Commissioners about the Millard Fillmore dinner on May 12�. Planning Administrator's Announcements Larry Soderholm reported on Ciry Council business for April 20 and announced the agenda for Apri127�'. Mr. Soderholm reported that ridership during the month of March on the Hiawatha LRT line is 120,00 higher than the initial goal for that month and stated it continues to go well. It bodes well for light rail on University Avenue. a�-�.o� � �OS-080-984 Verizon Wireless - Conditional Use Permit to install and operate a cellular telephone antenna. SO.Cretin Ave. S., SE comer at Grand. (Patricia ,Iames, 651/266-6639) E s Commissioner Morton stated District 14 did not comment. No one spoke in support or opposition, The public heanng was closed. The Zoning Committee recommends approval with condition on a vote of 7-0-1(Alton-abstained). MOTION: Commissioner Marton moved the Zonixg Committee's recommendarion to approve the condition¢I a�se permit. The neotion carried on a vote of IS-0-1 abstention (Alton). #OS-081-323 Siblev Manor - Conditional Use Permit for accessory retail service in a multiple family development. 1316 W. Maynard Drive, SE comer at 7t St. (Patricia Tames, 651/266-6639) Commissioner Morton stated District 15 did not comment. One person spoke in support. No one spoke in opposition. The public hearing was closed. The Zoning Committee recommends approval with conditions on a vote of 8-0. MOTION: Commissioner Morfo�: moved the Zoning Committee's recommendation to approve the con�litional zcse permit. AMENDMENT TO MOTION: Comrreissioner Kramer moved a[hird condition to say restriction of retail se�vice to one single unzt. Commisszoner ponnelly-Cohen seconded the motion. The amended motion carried unaHimously. • The main motion carried unatzirriously on a voice vote. �r05-081-352 Paul's Tire and Service - Conditional Use Permit for outdoor auto sales (55 cars proposed). 533 University Ave. W., between Mackubin and Kent. (Patricia James, 651/266-6639) Commissioner Morton stated District 7 did not comment. No one spoke in support or opposition. The public hearing was closed. The Zoning Committee recommends approval with conditions on a vote of 8-0. MOTION: Commissioner Morton moved the Zoning Committee's recommendation to approve the conditiona[ use permit. The motion carried unaximously on a voice vote. Adult Entertainment Studv - Adopt resolution with recommendarion to City Council. (Larty Soderholm, 651/266-6575 and Emily Ulmer, 651/266-6591) Commissioner Morton stated the Zoning Committee recommends approval of Altemative C on a vote of 5-0. MOTTON: Commissioner Marton moved the 2oning Cammittee's recommendation to approve A[ternative C and sent the Adult Entertainment Zoning Study to the Mayor and City Council for adoption. C J I � � ". � �1 ]� J �� Larry Soderholm stated that staff has done more research on the *egulations in other Midwestern • communities that are comparable to Saint Paui. This iniormation was distributed this morning and will be added to Appendix G in the report. It shows that the zecommendations of the staff and the Zoning CommitEee are preriy much down the middle in relation to other communities in the - Vlidwest. At the question of Commissioaer Goodlow, Mr. Soderholm explained Alternative C, includin; the definition of adult bookstore and the spacing requirements. Commissioner Aligada spoke in favor of the amendment and wanted to be clear about the the Planning Commission's legislative intent. He reviewed all of the information in the report about the secondary effects that adult businesses have on their surrounding neighborhoods and noted the various studies of secondary effects collected and published by the American Planning Association. The City's intent is to regulate adult businesses in order to minimize their negahve secondary effects on other properties in their vicinity. He believes the amendments are drafted properly and he urged all the Commissioners to vote for the motion. The motion carried unanimously oi: a voice vote. Communitv Residential Facilities and Roominehouses Zonin¢ Studv- Adopt resolution with recommendation to City Council. (Donna Drummond, 651/266-65.i6) Commissioner Morton stated the Zoning Committee recommends approval of Option 2 on a vote of 5-0. • MOTION: Commissioxer moved the Zoning Committee's reco�nmendation to approve Optiox l. Donna Drummond gave a bnef staff report. The motion carried unanimously on a voice vote. Commissioner Morton announced the Zoning Committee Agenda for April 28'�. OLD BUSIVi ESS �OS-068-378 Winthrop Sin¢le-Familv Home- Site Plan Review for a new single-family house. 816 Winthrop St., SE corner at Allston. (Tom Beach, 651/266-9086) NEW BUSINESS #OS-085-530 Macalester Colleee - Determination of Similar Use to allow permanent instaliation of a wind turbine. 1600 Grand Ave., area bounded by Summit, Snelling, and St. Clair. (PatriciaTames, 651/266-6639) #OS-086-082 Cineular Wireless - Conditional Use Permit for cellulaz telephone antennas on an e�sting residential structure less than 60 ft. high. 50 Cretin Ave S., SE corner at Grand. (Patricia Tames, 651/266-6639) • XI. Old Business None. XII. New Business None. XIV. Adjournment Meeting adjourned at 11:16 a.m. Recorded and prepared by Mary Bruton, Planning Commission Secretary Planning and Economic Development Deparhnent, City of Saint Pau1 Respectfully submitted, Larry od rholm Plannm Administrator Approved �5�� (Date) Sue McCall Secretary of the Planning Commission , � • PED�BruronVVlinutes\4-22-2005 9 • A DEPARTMENT OFPLANNING & ECONOMICDEVELOPMENT � Susan Kimber[y, Director I�l � � � � � � � , .�,.� CITY OF SAIlVT PAUL Randy C. Ke!!y, M¢yor 25 West Fourfh Street ' Telephane: 651-266-6700 Saint Pauf, MN 35702 Facsimile: 657-128-3220 ADULT ENTERTAINMENT ZONING STUDY Approved by the Planning Commission and recommended to the City Council on 4/22/OS Background and Current Issues for the City Municipal AuthoriTy • Existing Regulations Existing Businesses With Adult Products Secondary Effects of Adult Entertainment Businesses Alternatives for Saint Paul Zoning Staff Recommendations Appendices: A. B. C D. E. F. G. H. I. J. Ramsey County District Court Decision, 1999 City Council Moratorium Ordinance City Council Resolution Requesting This Study Summary of U.S. Supreme Court Cases on Adult Uses Studies of Secondary Effects: Summary from Planning Advisory Service Survey of Businesses with Adult Products, 2004 Summary of Adult Use Regulations in Other Cities Adult Entertainment Public Hearing Issues Maps of Available Locations for Adult Businesses (Alternatives) Draft Ordinance Amendments: Staff Recommendation Paee 2 3 4 6 7 9 12 14 20 22 24 27 49 51 55 59 72 • 1 � Adult Entertainment Zoning Study : Approved by the Planning Commission and recommended to the City Council on 4/22/OS Background and Current Issues for the Cit� The regulation of adult entertainment businesses has long been difficult. Various court decisions have held that certain types of adult entertainment aze forms of expression protected by the First Amendment. So long as the adult entertainment material does not fall under the legal definition of obscenity, it is protected by the First Amendment. � The First Amendment protections afforded to adult entertainment businesses notwithstanding, the United States Supreme Court has also upheld the right of cities to regulate the location of adult entertainment businesses without infringing on the constitutional rights of these businesses. Since 1976, the United States Supreme Court has decided a number of cases which have allowed cities to regulate through zoning ordinances the location of adult entertainment businesses either by dispersing the businesses throughout the city or by concentrating the businesses within a particulaz area of the city. So long as a zoning ordinance regulating the location of an adult use is content • neutral, is aimed at curbing secondary effects of the speech, provides alternative azeas of communication, and furthers a substantial government interest, the ordinance will be upheld. While there have been adult entertainment businesses located throughout the City, there used to be two primary clusters of adult entertainment businesses in the City. One cluster adjoined the Downtown Central Business District in the North Wabasha area. The other cluster was centered at the intersection of University Avenue and Dale Street along the boundary between the Thomas-Dale and Aurora-St. Anthony neighborhoods. In 1978 the City initiated a survey which studied the impact of adult entertainment businesses throughout the City. The study was published as Neighborhood Deterioration and the Location ofAdult Entertainment Establishments in St. Paul. Following the 1978 study, major investments of public funds were made in the North Wabasha and University-Dale areas in order to remove the two clusters of adult businesses. In addition, the City enacted various zoning code amendments in 1983, 1988 and 1995 which defined and regulated the locationofadultentertainmentbusinesses. Theterm"adultentertainmentbusinesses"includedadult bookstores, cabazets, conversation and rap pazlors, health and sport clubs, massage pazlors, motion picture theaters based on audience capacity, steam rooms and bathhouses and any other use or premises where there was an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specifed anatomical azeas.° Materials meeting the legal definition of "obscene" were prohibited. 2 • ,'�, 1 � ... � � p �J � � v ,� • The zoning code amendments were also intended to disperse adult businesses into the commercial and industrial zoned areas of the city and to create buffer distances between such businesses and homes, schools, worship places and other specified protected uses. Based on the City's studies, the studies of other ciries facing sunilar regulatory dilemmas and the tesrimony of inembers of the public, the City concluded that a policy of dispersing adult businesses would best remedy the secondary effects associated with adult businesses. Included in the 1995 amendments was a new definition of an adult bookstore and an"amortization" period which required adult businesses that became nonconforming uses under the zoning ordinance to either cease operation or move to a zoning district in the City where the adult business operation was permitted as well as sepazated from the protected uses. The zoning amendments adopted were challenged in Ramsey County District Court in 1999 by some of the operators of the City's adult businesses. The District Court ruled that the ordinance had been adopted inconectly and the City was restrained from enforcing the 1995 amendments (see Appendix A). The District Court did not make any ruling about the legality of either the booYstore definition or the amortization provision. Unable to use the 1995 amendments, the City reverted to enforcing the zoning code based upon the amendments to the zoning code adopted in 1988. In light of the Ramsey County District Court decision, it remains for the City in this report to revisit the 1995 amendments and reexamine the definition ofan adult bookstore as well as the amortizationprovision and for the Planning Commission to submit a new recommendation to the City Council. Restudying the City adult entertainment zoning regulations is also necessary because the City • Council, in July 2004, enacted an interim ordinance which placed a moratorium on new adnit businesses and requested the Planning Comxnission to conduct a study of the City's zoning ardinances regulating adult uses (see Appendix B and C). The Council enacted the interim ordinanca following the opening of new businesses on University Avenue which offered for sale materials which met the definition of adult materials but did not otherwise meet the definition of an adult bookstore because the businesses stayed below the size criteria which, ifinet, would have classified the businesses as adult businesses. As a result, neither business needed a conditional use permit from the City, which would have entailed public hearings and meeting the dispersal and buffering distances. The effective date ofthe interim ordinance is one year. Due to a 2004 change in state law, the interim ordinance cannot be extended. Allowing time for proper notice, conducting public hearings and the publication of ardinances, the City has until the first week in June to adopt any zoning amendments before the moratorium expires. Municipal ESuthoritv As noted in the preceding section, adult businesses have a constitutional right under the First Amendment to operate in the City. Other legislation, relating to community standards, makes obscene materials illegal. While adult businesses may sell materials that are pornographic they cannot sell materials that aze defined by law as obscene. Likewise, the City, through its zoning ordinances, can regulate the locations where adult businesses may operate so long as the zoning ordinance regulating the location of an adult use is content neutral, is aimed at curbing secondary • ��fl� effects of the speech, provides; alternative areas of communication, and fiirthers a substantial • government interest. Cases whieh have solidified the legal authority of municipalities to regulate where adult businesses may locate aze set forth in Appendix D which is attached hereto and made a part hereof by reference. The America Planning Association advises that municipal zoning ordinances regulating adult entertainment businesses should do the following in order to pass Constitutional muster: • Focus on land use incompatibility--that is, on the secondary impacts of adult businesses on their neighborhoods--and not on the content of material sold at the businesses; • Be based on evidence and studies showing that the regulated businesses have secondary effects; � Accommodate at least the present number of businesses; • Show that locations for businesses aze realisrically available in the real estate market; • Set reasonabte dispersal and buffer distances, if they are imposed; and • Be clear and specific in order to minimize administrative discretion and the risk of prejudicial enforcement'. Existin�Regulations The current zoning code allows adult uses in the B3, B4, and BS Business zoning districts and the I1 and I2 Industrial zoning districts with a conditional use permit. The required conditions include sepazation requirements from specific uses as follows: from Il, I2 BS other uses feet feet ned property downtown feet feet uffer from residential buildings in nonresidential �ning districts, mixed commercial residential iildings, a day caze center where it is the principal �e, a house of worship, a public library, a K-1� I ;hool, park land, a fire station, a community � ;sidential facility, an emergency housing facility or � hoteUmotel JO feet �0 feet Sepazation requirements from residential uses and other protected uses can be waived if a consent petition is submitted by 90 percent of the properiy owners within 800 feet of the proposed adult use in a B3, Il or I2 dishict or within 400 radial feet in a B4 or BS district. The conditional use pernut for an adult use must be reviewed annually to ensure that no change in use occurs. Additionally, adult uses cannot be located in a building used for residential purposes. • 'APA Planning Advisory Service Report 495/496, p. 116 4 • • Applicable definitions are as follows: Adult uses (Sec. 65.661) � ��?hm. '.�� f§ - ':- > > ... premises, enterprises, businesses or places open to some or a11 members of the public at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas"which are capable of being seen by members of the public. Adult bookstore (Sec. 65.662) A building or part of a building used for the barter, rental or sale of a signifzcant portion of items consisting of (1) instruments, devices, or paraphernalia which are designed for use in connection with "specifzed sexual activities, " or (2) printed matter, pictures, slides, records, audio tape, videotape, motion picture film, or CD ROMs or another form of recording if such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specifted anatomical areas. " "Signif cant portion of items"sha11 mean more than ffteen (IS) percent of usable floor area or more than one hundred fifty (I50) square feet of floor are¢ used for the display and barter, rental or sales of such items. (The lines about 15 percent of floor area or 150 square feet are the parts of the definition • that the District Court invalidated in 1999. In addition to adult bookstore, other types of adult uses are listed in the zoning code, but they refer to the same standards and conditions as those for adult bookstores.) Speeified anatomflcal areas (Sec. 60.220. S.) (1) Less than completely and opaquely covered.• a. Human genitals; b. Pubic region; c. Buttocks; and d. Female breast below a point immediately above the top of the areola, and (2) Human male genitals in a discernibZy turgid state, even if completely and opaquely covered. Specifed sexual actavitaes (Sec. 60.220. S.) (1) Human genitals in a state ofsexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse or sodomy; and (3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. (4) No obscene work shall be allowed. � i�� These definitions were adapted from a Detroit "anti- skid'row° ordinance that was upheld by the • U. S. Supreme Court in the Young v. American Mini Theatres case in 1976. The City also has licensing regulations that apply to businesses that have entertainment on °he premises, as opposed to retail ouflets that sell magazines or novelties or that rent videos. Ots,y two adult entertainment businesses remain in the city that need an adult entertainment license—one is a bar with nude dancing and the other is a bookstore with peep booths. Licensing is appropriate for businesses where ongoing municipal monitoring is important for public health and safety. The Planning Advisory Service recommends against licensing for stores that deal only in media (magazines, books, videos) because they present fewer operational problems and have the highest level of First Amendment protection. Existing Adult Uses in Saint Paul The Saint Paul Zoning code defines adult uses to include: bookstores, cabarets, conversation/rap pazlors, health/sport clubs, massage parlors, mini-motion picture theaters, adult motion picture theaters, steam room(bathhouse facilities, and other sexualiy orientated businesses. Appendix E gives the results of the 2004 survey of businesses in the City with adult produets. Adult businesses, with the exception of adult bookstores, have been declining steadily over *he last two decades. The overall number of adult uses has reduced by half since the survey was first conducted in 1977. • Number of Adult Entertainment Establishment: 1977-2004 Yeaz Movie Bookstores Massage, Live Enter- Total Theaters & Video Sauna, taimnent Stores Aealth Club 1977 2 5 10 13 30 ' 1982 2 5 10 7 24 1987 2 1 10 6* 19 2004 0 14** 0 1 15 • Nrve hcensed bazs with exot�c dancers, one aamt cabaret. ** There wasdt really a bigjump in adult bookstores. The 2004 survey used the 1995 zoning definition, i.e., stores with more than 15 percent or I50 square feet of floor area used for the display and barter, rental or sales of adult items (Saint Paul Zoning Code, Sec. 65.661). The earlier surveys used over 50 percent of floor area. Also, video grew as a medium through the `80s and `90s. Seven of the 14 stores in the inventory are video stores with an adu(t section. 6 • C� � Secondarv Effects of Adult Entertainment Businesses � � �, Studies of adult entertainment businesses in the Twin Ciries and around the country show that adult uses have negative impacts on neighboring businesses and on property values in resident:al areas Supreme Court mlings have emphasized that if municipal zoning ordinances regulate businesses with First Amendment protection, such ordinances have to be based on evidence of secondary ixnpacts of the businesses on their surrounding environments. In the 1981 case of Schad v. Borough ofMt. Ephraim, the Borough's zoning was declared unconstitutional due to a lack of evidence in the record that the nude dancing establishxnent in the case was any more likely than a restaurant, ar other permitted uses, to cause problems with excess trash, noise, ar disorderliness. This decision established the requirement that a community have objective evidence of the negative impacts of sexually oriented businesses. In the absence of such evidence, adult oriented businesses should be treated in the same way as other businesses that fall within the same group. In 1986 the Supreme Court made it clear that evidence of negative secondary impacts of adult businesses in one city could be used by another city as a basis for its zoning regulations. In the case of City of Renton V. Playtime Theaters the court ruled that Renton, a suburb of Seattle, could rely on earlier studies done by Seattle regarding the problems with adult theaters. Numerous cities have studied the impact of adult uses and have concluded that property value� typically aze lower and crime rates typically are higher in the immediate vicinity of adult businesses. Saint Paul In 1978 the City studied the affects of adults-only businesses, which included both sex-oriented businesses and bars, for the period from 1970 through 1976. Although the study did not could not draw statistically valid conclusions about sex-oriented businesses as a separate category, it reached several strong conclusions about the interactions between adults-only businesses (bars and sex-oriented businesses) and their surrounding neighborhoods. � There was a statistically significant correlation between the location of adults-only businesses and neighborhood deterioration. • • Adults-only businesses tended to locate in somewhat deteriorated azeas. • Additional relative deterioration of an area followed the location of adults-only businesses. a Crime rates related to the establishment of adults-only businesses in a threshold fashion. There was a sigiificantly higher crime rate associated with two such businesses in an area than was associated with only one adult business. Z Danuan, Eric K`C�rrent and Crirical Legal Issues in Regulating Sexually Orientated Businesses' Planning and Endsonmental Law. Vol. 56, No. 7 p. 6. � .. )Z L �� e � � F � �� Housing values were also related to the establishment of adults-only businesses in a • threshold fashion. There was a significantly lower value associated with three such businesses in an area tfian was associated with only one adult business. In 1987 the CiYy conducted a zoning study which showed that the majority of prostitution arrests in the City occurred within four blocks on either side of the concentration of four adult businesses at the University-Dale intersection. The neighborhood also experienced additional problems which included a generally higher crime rate, the propositioning and harassment of neighborhood women, and a general perception that tI�e azea was unsafe due to the concentrarion of adult businesses in the neighborhood. Urban redevelopment in Saint Paul also demonstrated the need for public intervention to address the problems that had been creatad by concentrations of adult uses in the City. In the early 1980s there were two adult use concentrations--one in the North Wabasha area of downtown and the other at University and Dale. The North Wabasha concentration was a blighting infiuence, which inhibited development and reinvestment between the downtown core and the Capitol. The HRA acquired the adult businesses in the area, making possible the development of the World Trade Center, the Children's Museum, and more recently, two schools. Similazly, the I�A acquired the adult businesses in the University and Dale area so that redevelopment and community reinvestment could proceed. The present adult entertanunent zoning study incorporates by reference all the analysis of secondary impacts of adult entertainment businesses that was done in the City's adult � entertainment studies of 1987, 1988, and 1995. Minneapolis A Minneapolis study in the late 1970s used both simple and multiple regression techniques to examine separately the effects of alcohol-oriented businesses and adult entertainment. The study concluded that sex-oriented businesses had a greater impact on crime rates and property values than bazs, There was an especially strong relationship beriveen sex-oriented businesses and crime rates. However, their relationship to properry values was less clear. The location of sexually� oriented businesses in an area may have been a result of low commercial property values that permitted adult businesses to compete for the space.' Phoenix In 1979 the Phoenix Planning Department published a study entitled the "Relation of Criminal Activity and Adult Businesses", which showed that arrests for sexual crunes and the locations of adult businesses were directly related. The study compared three azeas containing adult uses with three control areas that had similar demographic and land use chazacteristics, but no adult businesses. ' Sections adapted from Saint PauPs 1987 and 1988 Adult Entertainment Studies 8 • �'� '' _ ., �, , , . r� , ;.� • The study concluded that, on average, in the three study areas property crimes were 43 percent higher, violent crimes where four percent higher and sex crimes were over 500 percent higher than in the control azeas. The areas with the highest concentration of adult businesses had a sex crune rate that was 11 tunes higher than a sunilar area having no adult businesses. Finally, 89 percent of the reported crimes of indecent exposure were committed at the addresses of adult businesses. Indianapolis In 1983, the City of Indianapolis reseazched the relationship between adult enterta.inment and properiy values at the national level. The study was based on a 20 percent random sample of national membership in the American Institute of Real Estate Appraisers and a sample from the Member Appraisers Institute. The results of the study were as follows: Eighty percent of survey respondents felt that an adult bookstore located in the hypothetical neighborhood would have a negative impact on residential and commercial property values located within one block of the adult use. As the distance from the adult use increased, the negative impact was reduced; increasing the distance by three blocks reduced the effects by more than one half. Los Angeles • The Los Angeles Police Department, in 1984, studied the relationship between adult entertainment and crime in the Hollywood area. The study indicated that in 1969, there were 11 adult entertainment businesses; by 1975 the number had risen to 88. During this time period the incidents of "Part I Crimes" (i.e, homicide, rape, aggravated assault, robbery, burglary, lazceny, and vehicle theft) increased by 7.6 percent in the study area, while the crime rate for the Cit}- as a whole only rose by 4. 6 percent. While, "Part II" arrests (i.e., other assaults, forgery, and counterfeiting, embezzlement and fraud, stolen property, prostitution, narcotics, liquor laws, gambling, and miscellaneous misdemeanors) increased by 45.4 percent in the Hollywood azea compazed to 3.4 percent in the rest of the City. Appendix E contains a suuunary done by the Planning Advisory Service of studies on the secondary effects of adult entertainment done in cities around the counhy. Alternatives for Saint Paul Zoning Below is the list of changes that the City staff have considered. Most of them are not mutually exclusive; they mix and match. A. Adopt a definition of adult bookstore with thresholds of either 15 percent of floor area or 300 square feet, as recommended by the Plannine Coxnmission in 1995. • 9 � �, ��''�� ` ��, Staff comments: Currently nine businesses meet this definition (and one meets the • defimtion of adult cabaret). They are all nonconforming with regard to spacing:from adult uses or buffering from residential zones or protected uses. Staff recommends adoption of this definition, because it appears to be a reasonable threshold that could withstand legal challenge. B. Adopt a definition of adult bookstore with thresholds of either 15 percent of floor area or 150 square feet. Staff coxnments: Currently 14 businesses meet this definition (and one meets the definition of adult cabazet). Staff does not recommend this definition. If the threshold is lowered from 300 square feet to 150 squaze feet, five additional existing businesses would fall under the definition of adult bookstore. As more businesses fail under this definition, the City has make more places available for adult businesses. This would mean loosening the spacing requirements between adult businesses and the buffer distances from protected uses. C. Inciude in the definition of adult bookstore a percentage of gross recei�ts derived from adutt materials Staff comments: Some cities include a percentage of goss receipts derived frem adult materials in their definitions. But information about business receipts is not easily a�-ailable to any public body, perhaps not even the II2S. Staff called four Minnesota comxr.unities • with a gross receipts provision and found that none of them actually gets gross receipts information or has had to use it for zoning enforcement. Because of implemeniation difficulties, staff recommends against putting a percentage of gross receipts intc the definition. The zoning definition of adult businesses should be based on readily observable characteristics. D. Decide whether to amortize existine nonconformine businesses and force them to move to other locations in the Citv. Staff comments: None of the existing adult businesses in the City currently meet ali spacing requirements; therefore all of them would be required to relocate undet amortization. Given the number of existing businesses in the City that are nonconforming with regard either to spacing from other adult businesses, buffering from residential zones, or buffering from protected uses, an amortization system would be destabilizing. The regulations would need to allow all of the existing nonconfornung businesses to relocate in the City and provide locations for a few gotential new businesses that might want to ente.r the market. Either our spacing and buffering distances would have to be decreased significantly for all of the nonconforming adult businesses to find new locations, or else the regulations would need to create a"combat zone" where adult businesses would be concentrated in the future. There is no good place in the City for a combat zone. The 10 • � � ': .. �j • AmericanPlanningAssociation'sstudyrecommendsagainstconcentratingadultbusinesses. in a combat zone; in other cities that strategy has resulted in higher crime rates and the more neighborhood deterioration. Moreover, amortization was the trigger for the lawsuit against the City in 1999, and would likely provoke liti�ation again. Staff recommends �gainst amortization. E. Revisethedistancesforspacinebetweenadultbasinessesandbufferinefromnrotected l�,nd uses to match the distances most commonlv used in cities azound the country and have been unheld bv courts. Staff comments: In order to make sufficient land available and to be consistent with separation requirements in other cities (see Appendix G) the buffering distances beriveen adult uses should be reduced from 2,640 to 1,000 feet in B3 Business and Il-I2 Industriai Districts. In B4-BS Businesses Districts the separation requirements for adult businesses would be reduced from 1,320 to 500 feet. The spacing requirements for protected uses in B3 Business and Il-I2 Industrial Districts would increase from 400 to 500 feet. Tn B4-BS Districts the adult and protected use spacing requirements would change from 200 to 250 feet. The City must ensure that land is available for protected adult uses. Changing the spacing requirements would increase the number of sites that would be available for adult use businesses. • F. Adiust the buffering distances from residential land uses located in commercial and indu� �rial zones in recoenition that the trend toward mixed use on commercial strips is goin�, to constrain the nuxnber of locations available Staff comments: Both the trend toward mixed use buildings with apartments above commercial space and the expansion of TN 3 Traditional Neighborhood zoning suggest that the locations available for adult businesses will shrink over time. Staff believe that new TN zones should be treated as commercial areas except where a TN3 master plan shows housing; thus, adult businesses would not have to be spaced from TN zones, but would only need to be spaced from actual housing developments and from land specificallyplanned for housing. The recommendations for buffering in "E" above allow for increasing residential construction on the city's commercial streets. G. Make a minor amendment that facilitates enforcement Staff comments: In working with the code, LIEP staff is concemed about the subjective nature of determining what some adult products are designed for and suggest a more objective definition for adult bookstores that includes instruments, devices, or paraphernalia which show sexual activity or specified body parts regardless of what they were designed for. The change is shown below. • 11 � � h z y . �) �:i v ,- - Sec. 65.662. Adult bookstore. • A building or part of a building used for the barter, rental or sale of a significant portion of items consisting of (�j instruments, devices, ar pazaphernalia, ' , printed matter, pictures, slides, records, audio tape, videotape, motion picture film, arCD ROMs or other digital recordin¢s, or gnaHrer anv other form of recording if such items are disringuished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical azeas." "Significant portion of items" shall mean more than fifteen (15) percent of usable floor azea or mare than three hundred (300) ane quare feet of floor area used for the display and barter, rental or sales of such items. No obscene work shall be allowed. H. Make updates to protected uses to match current zoning terms and available data sources. Staff comments: One of the protected uses is mission, a term which is no longer defined in the zoning code. It should be changed to emergency housing faciliry. Another protected use is a building in which a majority of floor space is used for residential purposes this should be changed to residential buildings in nonresidential zoning districts and mixed commercial residential buildings The City has no records that show what buildings fall in this category. It should be changed to something that can be plugged into GIS mapping. Staff suggest using buildings that require a residential certificate of occupancy. Staff Recommendations 1. The staff recommends a definition of adult bookstore that uses 15 percent of floor area or 300 square feet. A business that exceeds either threshold would be classified as an adult business. There are two basic reasons far this recommendation. One is that a number of businesses that are usually considered to be normal media outlets, for example, Schinders, have less than 300 squaze feet of adult materials but more than 150 squaze feet. The second reason is that if the City adopts 150 square £eet in the definition, then the City should reduce the spacing and buffering distances. If more businesses are defined as adult businesses, then the regulations have to accommodate more locations in the City where adult businesses are permitted. • 12 • 1 ' �' — � ,�'i • 2. Revise the distances for spacing between adult businesses and buffering residential zoning districts and from protected land uses as follows: Separation/Buffer I 1995 Ordinance 2005 Recommendation From another adult 2,640' in neighborhoods 1,000' in neighborhoods business 1,320' downtown 500' downtown From residential zoning 800' in neighborhoods 500' in neighborhoods district 400' downtown 250' downtown From protected land uses 400' in neighborhoods 500' in neighborhoods (school, park, church, etc.) 200' downtown 250' downtown The reasons for these changes are as follows: (1) The American Planning Association has made a careful review of the various studies of secondary effects of adult businesses and finds that adult businesses have significant negative impacts within 500 feet and less significant impacts within 1000 feet (Appendix E, page 48); (2) Since the Renton case, in which the Supreme Court upheld a 1000-foot distance requirement, 1,000 feet and 500 feet have become the most common distance standazds used by cities azound the country (Appendix G, page 54); and (3) With the current trend toward mixed use and housing redevelopment along commercial strips and in the downtown, fewer locations for adult businesses that meet the buffer distance from housing will be available in the future • unless the buffer distance is decreased. In order to ensure the constitutionality of its regulations, the City must allow locations for adult businesses that are realistically available in the real estate market. Appendix I contains a series of maps that identify locations that would be available under the spacing requirements recommended by staff as well as under several other alternatives. Altemative C on pages 65 and 66 shows recommendation of the staff and the Planning Commission. Make the minor amendments that facilitates enforcement by removing subjectivity from the definition of adult bookstore (Alternative G above). 4. Make the updates with regard to protected uses: Replace mission with emergency housing facility; and replace "a building in which a majority of floor space is used for residential purposes" with "residential buildings in nonresidential zoning districts and mixed cornmercial residential buiZdings ". (Alternative H above). These changes enable the City staff to use digital information to map locations where adult businesses would be permitted. • G:\Shared�PED\Ulmer\Adult Entertamment Zomng SmdyV�dult EnteM2ia1�AU��F9tydq 422-0S.wpd Appendix A STATE OF MINN=SOTA COUNTY OF RAMSEY Reklis-Noree� Partnership, d/b/a Video L2ase; Jerry Haroldson dJb(a Video Lease; Michael Lackey, d/b/a Denmark Books; Ji(f Rasmuson, d/b/a R& R Books; and Merchants Plus, Inc., d/b/a Fanfasy Video and Exstacy Video, Plaintins, vs. City of St. Paul, a municipaf corporation, Defendant. �� ¢ �; �� °' - _r ',� DISTRICT COURT SECOND JUDICIAL DISTRICT ORDER � COURT FILE NO.: CO-98-9070 On April 18, 1999 fhe undersigned heard arguments piaintifFs' motion for a preliminary injunction. Randall D. Tigue, Esq., appeared on behalf of plaintifrs. Peter W. Warner, Esq., appeaFed on b2haif of defendant. Based on the arguments of counsei and the entire record in this matEer. 1T (S THEREFORE OfZDERED THAT: The City of St. Paul is restrained from enforcing Ordinance No. 95-1060 amending St. PauPs zoning regulations for adulf businesses Section 60.201(a). 2. Except to tne e�ent as granted in paragrap� 1 above, piaintiffs' mo:ion for a preliminary injunction is denied. 3. Tne foilowing itiiemorandum is a part of this order 2nd consfitutes the r 1 L_J • • 14 \ . • � � • Cour:'s findings oi fact and conclusions of law to tne exi=nf nec�ssary to suppo � tne order. a purposes. Th� mailing o` tnis order by the Cour± to counsel is nofice o� i�s entry for all / Dated: July/� , 1999 BY THE C�URT: V ` - `� - � --j-' � J Michael F. Fetsch Judge of District Cour� � � � � ! A. Facts �`�—�-- Plaintih s lawsui# challenges St. Paul's revision of its ordinance relating to the • zoning of adult entertafnment businesses (Ordinance No. 88-91) which (a) limits adults- oniy bookstores to B-3, B-�, B-5, !-1 and I-2 zoning districts' (b) requires speciai condition use permits wi±hin the a;lowed disfricfs; (c) requires an annual review of the special condition use permit; (d) reguires fhat ail fh2 uses be segregaEed from oiher adult uses by 1320 feet in B-4 and B-5 districts or 2640 feet in all other districts (e) requires tha't fne aduf� uses b� s2gregated from residential zoning dis:ricts by 400 feet i�� B-4 and B-5 districts or 800 feet in a(I other zoning disfricts; (� requires tnat adult 15 : �1 T� �, �� uszs must be segregated from the prot�cEed uses which include schools, parks, houses oi worship by 200 feet in B-4 and B-5 or 400 feet in ail other zoning districts; and, (g) prohioits more than one adult use in any one zoning loi. Beiore a conditional use permit is granied, the foliovving requirements must be met: (1) the exfent, location and intensiiy of tne use will be in substantial compliance with the compreh2nsive plan and any applicaofe sub-area plans approved by the council; (2) tne use 4.�ill provide adequate ingress and egr2ss fo minimize tra�� conges;ion in the p�!blic st�eet; (31 the use wi[I not oe detrimental to tne existing charac't2r of the develapment in tne immediate neighborhood or endanger the public health, safety and general welfare; (4) the use will nof impede the normal and orderly davelopm�nt and improvement of fne surrounding prooeriy ror tne uses permitted in fne district; and, (5) the use shal�, in all other resp2cts conform to the applicable regulations of the district in whicF it is locaied. St. Paul legislativ2 code, § 64.300(d). Section 64.300(e) provides fhe pianning commission, (fhe planning or zoning administrator where delegated) the po�r�er fo impose reasonable conditions and limitations in granting approvai as are d�termined to be nec2ssary io fuliil( the spirit and purpose of the zoning code and to protect adjacent properties. f n 1993 suit was filed challenging the validity of "adults-only 000ks.ores ordinances as being vague and over broad. (United Stafes Distric: Cour�, Dis`rict of hAirnesota, �ile No. 3-93 Civ. 45). Tnat la�.vsuit was dismiss�d withou` pre;ud;ce before any determination was made on tne merits. St. Paul enactsd an interim ordinance Councii File 93-279 wfiich exempfed from tne aduft bookstore definition, tnose stores 16 � LJ • �A T ^� �✓ which �xclude minors from a portion of tn� premises and do not s21!, r�nt or disp!ay a • subs!antia! or signiricant oor�ion of it�ms uanich are distinguished or cna�a�ferized by an er��pnzsis on "tne d2pic�ion or d�scription of sp�cified sexuai aciivities o, s��cife� anatomical areas. Plain�if�s contend that because atiorney Patrice Fete�f oro��ided uncontradicted t�sfimony to the Pianning Commission at its June 9, 1995 haaring that the studies reiied upon by the City Council did not deal with the sale of material exclusively for home consumption as opposed for on-the-premises consumption. Plain±iffs ciie hvo reports for the proposition tnat where the retail loeations deal only with home consumpfion items that there is no deleterious affect on fhe surrounding neighborhood or any dedine in property values. Further, they argue tne Planning Commission � meefing lacked any evidence to negate that provided by Feterl at fhe June 9, 1995 meeting. On September 20, 1995 the City Councii took up the proposed amendment. Council President David Thune, infroduced an additional amendment to the proposed ordinance which altered tne recommendafion of the Pianning Commission, reducing from 300 to 150 feet the floor area which could be devoted to sexually exolicit materials and calling for amortization of non-cqnforming adult bookstares. Th2 Counci( gave final approval to the ordinance on September 20, 1995 without granting, either before fhe City Counci! or beror2 tne Planning Commission, a public hearirg �vi;n at I�ast ten days noiice that the 150 foot lirrlitaiion or tne amortization provision was io be considered. u B. Law , 17 � � ;^' : .;�.j � 4 � � � �'� Minn2sota Statute §462.357, subdivisions 3 and 4 require pubfication ten days prior to the hearing of the proposed zoning ordinance or amendment fhereto. The governing body, here the Council, may initiate an amendment to the ordinance but such amendment is required to be refefred to the planning agency for study and repo� and cannot 6e acted upon until the pianning agency makes its recommendation or until 60 days have elapsed from the originai referral to the pianning agency. The city has not compiied witn these requirements and it has nof there`ore met th� predicates for a valid enac;ment of ihe ordinance. The introduction of the amendment (reducing the floor area for sexually explicif materials and also fo amorizing non-conforming uses) on tne day of the scheduled hearing and after public hearing was cfosed defeats the purposes of the statute. Pilgri,r, v. City o` Winona, 256 N.W.2d 206 (Minn. 1977). Similarly fne failure to wait 60 days or earlier receive the Planning Commission's recommendation / a!so invalidat2s an ordinance passed in violation of the statute. City of Bemidji v. Beighley, 410 N.W.2d 338 (Minn. App. 1987) and DiMa Corp. v. CityofS'r. C(oud, 562 NW2d 312 (Minn. App. 1997). Beczuse the Court finds that there has been a statutory violation in fne manner of enactment which i�vafidates fhe ordinance, the five iactors which piaintiff must meet to justify fne issuance of the restraining order have be=n met, i.e., (a) the nature of the rela`ionship between fhe parties; (b) tne comparative harm to tne paiies if fhe restraining order is granfed or denied; (c) the li�celihood of success on tne merits; (d) tne public interest; and, (e) the administrative burder,s o` en`orci,�g tne ; o�dar. Dahlberg Brotners, lnc. v. Fcrd Mofor Co., 272 Minn. 264, 274-75, i 37 N1�J2d 314, 321-22 (1965). iE:3 r� U �� • � �' - - ,-,.'�' � As !o the otner �OUI1�S L'7FifCtl D73ltlitiiS dSS°(F tOi i� � a� ` • 9 n., pr..umir,ary injuna�on, I cannot say tha± the fesi Fas baen met. Ceniral to tneir argum�nt is their reliance on the i2C' inat Feterl f2S�l�"i1C�y bV�S U!1COfl:iB�ICic G�n�raliy 0,��.If110f1S Oi 2X�° iS 2;° ORIY advisory. Only wnere the subject of tha exoert tes:imony relaies to a mai2r of science or specialized art or other matter of which the fact finder must be presum2d to nave no know(edge is the opinion of an expert conclusive. State v. Shirk, 253 Minn. 291, 293, 91 N.N1.2d 437, 438 (1958); Johnson v. Agerback, 247 Minn. 432, �'.42, 77 N.W.2d 539, 545 (1956). There is ro evidence suggesiing fhat Feter's testimony is science or art so ??? or sophisticated. That the planning, zoning or�council persons can presume to have no knowledge of the subject matter. ft is the municipality then who determines tne vieignt and su�ciency of the expert's testimony. That testimony is to b� considered • along with ali the other evidence presented. Seeley v. Sobczak, 281 N.W.2d 368, 371 � (iVlinn. 1979). The fact finder has a right to weigh the knowl2dge and experience of the expert and the reasons given for her opinion. Heuper v. Goodrich, 263 N.W.2d 408, 411 (Minn. 1978). Absent evidence that the City did something outside its authorized powers, tne test is whether it acted arbitrarily and capriciously. Under fhese circumstances I cannof say that the plaintiffs have otherwise met tests for a preliminary in;unction by showing that the city acfed arbitrarily or capriciously. PAFF • 19 Append� B 4< ;z'`:". t ,> ;rt e. t l i. ��, o �y'� �j � ORDI�ANCE CITY OF SAItiT PAUL, MINNESOTA Presented By Referred To Council F;1� = ��- 55 ' � Ordinzace T Green Sheet = � `� l`-� � � � Committee Date : ' �in interim ordinance enacted pursuant to Mmn. S�a�. § 462.355, � �ubd. 4 regarding the defin:tiQr oi ar. � aduit bookstore" to remain 4 in effect until such time as zoning studies have been completed and � any ac�ion [aken based upon the studies. 7 Statement of Legislative Intent: The City Council, in council file no. 04-539, initiated an 8 interin ordir.ance process �o temporarily prohibit the establishment or reIocation of adult uses 9 pending a study, repo_*t, recomsnenda[ions and action upon suck recommendations regarding the l0 city's adult use regulations ande� the zonirg code. The Ciry Council has beer, made aware of the recent opening of an aduit bookstore business an� the City CounciI desires to temporarily ! 2 regulate aduit bookstores, as defined in the zoning code. In conjunction with the authority to .3 �nact an inteam ordinance under Minn. St2t. § 462355, Subd. 4 and initiated in council file no. .4 04-539, this interim ordinance is enacted pursuant to City Char[er §§ 6.05 and 6.11. � The intent of this interim ordinance is not to legislate or re�ulate the content of materials sold at adult bcokstores. Rather, the intent is to provide for the re;ulation of the ume, place and manner of adult bookstore opera[ions thrau�h this interim ordina..ce and to consider the prompt enacunent of a new aduit bookstore defnition, or reeaachneat of a previous adult bookstore definition, based upon the zoning study iniriated pursuant to this interim ordinance. THE COiTiV"CIL OF T�IE CITY OF SAINT PAUL DOES ORDAIN: Section 1 A study of the City's regulatory ordinances reIating to aduIt uses and adult 000k stores and tnei: zonsg class:6cat:ons znd districts shaII bz made pursuant to NIian. Stat. § 4623», Subd. 4. The planning comrnission is raGuested ±o snsdy the matter and subm.it a repor* and recommenda�ions to the City Council based upon the study so that action may be taken and r.iade effectiv� with?a tne ti,-ne szt for[n in Seccion 2 oe?ow or earlier as the case may be. Section 2 Pendin; the comDIetion o:` the said study zad the enac,ment of any amendmen[s te L`�e zor.ing code, ior the purpose of p;eserving �t:e status quo with respect to adult uses, and fer the purpose oi nrotec;ir.� ;he heait�;, we?ia:e ar.d sz:ety o� ti:e public, r.o zon;n� or bu:iaing pe;mi*.;, p?a[ or lot spi ; aperovals may be is�ned o: aparoved ior the estabiishr.?en, or relocarien of any "adult" � � ��. �� • • r�{F`��LiSr^� �n i �� `� � . - D�t- Ss9 _ 2 use for a perioC oi ti_me not to exceed one yea= from the e;iective date of this inierim ordinance 3 proce;s zs ailowed under �Iinn. Sizt. &?623», Subd. 4 or entil suc'r. iime as the City Council � hzs taken act;on or. c,:e , caatained in the s�dy. 6 S�ction 3 7 3 lin�il s�c� zine as the ;a;e� ;� �dy has be�n compie�ed and the City Counci? has rzviewed i�s 9 reco� .�endations io: possible adep:ion aad the e�ective date oi aay adopted recomiaendauon, 10 Ciry departments receiviag written apolicatior.s for the approvals noted above sha11 acceDt the 11 applicztions and ?mmediateiy process them in accordance wiLh the provisions of NI_nn. Stat. § I2 15.99, Subd. 2 consistent with the intent of this interim ordinance. 13 14 15 Section 4 15 This erdiaar,ce sha:l take efiect ar.d be in force thirty (30) days after its passa�e, approval and 17 pcbiica�ion. Th<, provisior,s ot counciI file no. 04-539 shall controI durin� this period. The 18 provi;ions of council file no. 04-539 shall expire upon the effective date of this interim 19 ordinance. 20 21 22 23 �a 25 � 28 29 30 31 32 33 34 35 Rzcu_st_d by De�artment of: Hv: ?o^` �gorov=c by Cit✓ At�o•-:zy < ��: �i.�v�-- S_ z s_ o y By �� 1��i�r"_: nz�_ .by Mayor �o: Su�r.uss:on r Council � 21 '(� � .� g fl� 3cc?__d'oy counal: 7zt=_ G. ' %,5/ Aco�t_on Czrt._ii�.,-' ny Council acre_=_rf Appendix C �s� Sb � --- - ----- --- --- /��o� RF� OLUTIOitiT �I7CY OF SAINT PAUL, �1INNESOTA Presented By Referred To Green sheec � .��p i �yJ� ,J � _ �� Committee: Date �VHEREAS the recent opening of an appazent "adult use" business in Ward 4 underscoras the need [o undertake a scudy of the City's zoriing orrlinances reb lating various "adult' uses; and WHEI2EAS, the CounciI of the City of Saint Paul desires that present City zoning ordinances reb lating such uses be reexamined for efficacy; and 9 20 IL I2 13 24 15 16 17 18 19 20 Z1 22 23 24 25 26 27 28 24 30 31 32 33 34 35 36 37 38 39 WHEREAS, pending the return of such a study, the Covncil desires that the present status quo regarding any "adti?t" use in the ^�`-,–�a be maintained; NOW, Tf�REFORE, City of Saint Paul BE TT RFSOLVED, that the City undertake a study of its present "aduIt use" ordinances; and • BE IT FCfRTF3ER RESOLVED that because the said study may lead to the adoption of amendments to the City's official zoning conErols regarding "adult" uses, the obvious need to preserve the status quo with respect to land use and to protect the general health, welfare and safety of the public pending the conclusion of the said study, there shalf be an immediate but temporary prohibition on establishment, expansion or relocation of any of the "adult" uses defined in the zoning ozdinances, on any parcel of land or part thereaf within the ��_�^{ *�,e�City of Saint �'""' "` '''^°°''^' `'" � '�, '��, until such time as the aforementioned study has beerr P =� — completed and the Council of the City of Saint Paul has taken action on the recommendations contained fherein; and BE TI' FURTF3EIZ RESOLVF.B, that the prohibition contemplated shall be by separate ordinance, as provided in Minn. Stat_ § 462.355, Subd.(4), which shall prahibit on any parcel of Iand or part thereof within, �e�C`�i �o aint �u�e issuance or approval of zoning and b�ild'mg permiES, pIat apprav� , for [he estabfisivnent or expansion of any "adult" use, untiI the expiraEion of tweIve month or untii such earlier time as the Council has taken action oa the recommendations contained in the study; and, # �E I'T FURTHER RESOLVED, that pendi�g the adoption of the interim ordinance prohibiting any development inconsistent with the pending study and any amendments to �he Ciry's official controis within the boundaries of the described areas, no zoning or bnilding permits, pIat approvaIs or lot splits may be issued or approved for the establishment or expansion of any "adeiIt" use, from this date and untiI the exgirafion of twelve months as allawed by Minn. Sta�. § 462355, Subd_(4), or anril sueh eariier time as t�ie Council of the City of Saint Paui has taken action or the recommendations contained in the study; and, r 1 �J 22 . � � � ; . �, q,.� �,� j.S.� 9 -- _ 1 BE TT �L3RTHER RESOL_VE�.T3_. entiLs.uc�timeas�e_s2ids?u�1zr h�^�° �„?e�a�-�� ? the Councii hzs reviewed its recommendarions for possi ?e adoption, ciry departne;fts �e�eiving e; 3 wtitten agplic2lion; Por the appmvals noted above sha11 �ccept the applications an� iminediately ¢ arocess the*n in accordance with the pravisions of titira. Stat. § 1�.99, Subd. 2 and with the 5 intent of this interim ordinance; and ? BE IT FINALLY RESOLVED, that the res`uictions contained in t�'�is resolurion and in tne � said ir.cerim ordirance may be e�tended by action of the Conncil of the City of Saint Paul for 9 taose additional �me periods not to exceed �he time provided in Minn. Stat. § 462355, Subd. (4} 1a in the event such study and recomaiendations and the deliberarions of the Council require such 11 extensions bf time. I2 r� � J Request=d by De�artment of: S�: Po_^.n Approved by City Attorney 3y: � (�✓(/cwY��-. .r— j [ � p t.� 2nc-oved Sy biayor �o= St:hnissioa to Council Hy: / 23 t ddonted'p1. Cou�_ci1: Date /9,,,7�/j� Adopt�en Cerci°_ied 'py Couz±cil ecretaxy riPPENAIX D � � � ; , � ��`� . SUMMARY Ok' MAJ0�2_UNITED STA'TES SUPRE?Vffi .. COUR'� CASES 22EGARDI_\'G MUNZCIPAL REGULATION OF ADULT BUSINESS LOCATTONS � Beginnir_g wi_h Youne v. A:*nerican Mini Theatres Inc 427 U.S. SQ 9.6 S. Ct. 2440, 49 L. Ed.2d 3? 0(1976), Lhe U.nited States Supreme Court has decided sev.erai cases which provide guida��ce reg�rding reguiating the location of adult uses through zoning ordinances. T`he ordinance in Americaa Nlini Theatres had the e$ecf oi pro;ubiiing adult businesses from locatag within 1,000 ieet of two si�ilar busi*�esses or within 500 feet oi any zesideritial area. The ordinance defined an aduit use as one distinguished or chzracterized by an emphzsis on matters depicting, . describing or relating to "specified sexual activities" or "specified anato.-nicaI .areas." The Court ughe2d the constitutionaIity of the ordinance. The Supreme Court held tha� the ordinance did not violate.flie Pirs: Amendment even though fhe o:dinance singled oui sexua?Iy orienied 'ousinesses foi speciai zoning trea`�n based.upon a content cIassificatio� of tfie businesses. Ir. i�s holding, ihe Cour found thai The ordinaace wzs a content neutraI, time, place and manner rest*iciion_thzt was not aa impz-anissibie prior_restraint on free sYeech. Tfie Court reached 1 conclesion because the purpose of the ordinanc.e was fo "presezve the"qu2lity of urban life by avoidino the secondary effects" of ine busiaesses "speech" on the neighborhoods associated with sucP< businesses and not to eli�iinate, suppress oi censer the speech its.elf Supporters of the ordinaPCe had alleged_t�!at a concentration oi ad�iIt .- uses ten�ed "to attract an undesirable quantity and quality of L�ansients, adversely affected .. .. proyei�y vaiues, cause� an increase in c�me, especiaiiy prostitution, and encouraoed residents aad businesses �o move elsewhere." The Court found.th2t a local govemmen[`s desire.to futher irs sigaifica�nt znterests by add=essing the "secoridary effects" oi adult businesses Lhrough the reasonable regularion oi the time, place and manner of protected speech was pernissibleundet the First �*nendinent. The Supreme Court also noted that the goal oI the ordinance to avoid tlie secondary effects oi aduli businesses is one w2?ch must be "zccorded tfie hi�hest respect." The Court noted that as long as the'motivauon behind the ordinance was 2 desire to deal with the "ada�ittedly serious ' pr.oblems created by adult theaters and not motivated simply by simple distaste.for +he content of the speech itseif, or if tfie ordinaace would have the efiect of"suppressing or grealyrestricting . access to this form of speech u4en the ordinance is valid." . In Citv of Renfoa v. Pla �e `�'heatres �'.75 U.S. 41, 206 S. Ct. 425, 89 L_ Ed.2d 29 (? 986); the Sepre�e Court re�ffirn?ed, cIarified and braadened its holding in �ercaa Minz Theatres when it npheld the constitutonality of a zoning ordin��ce w�ich p:o�bited aduit theaters from locating wiEhin 1,000 ieet of any residentiai zone, single or muI"ti-fami2y dwelling, ch�u�c�, park or sch.00t. L its analysis of t� e ord+_nance, t�'�e P1zv`ume'I`heatres CoiLrt crafted a thres_ptong iest for ex2�[nirtg the constiCStionality oi a zoning ordinaace which restricted whe< aa adult bus;r.ess could locate where the ouraose of the er�nal was �b regulate tfie secondary efieets �oi the zdult business. • • � �J 24 - -+ r . , . . . . - . . `�, - T . .. .. . � . . - ' . �� . . i . Applyin� its t2reP-prong iest, the P1ai�tiine T`�eatre Court �irst examined whether the oidinasrce could be 2a2Iyzed as 2"a*ne, place, and iva_nner regul2tion: As'i?z'fv**_�en_can 1_Vli�� Thez�es, tiie . ordinance ia P�avtine The2fres d�d not co=p1_etely p�olibit zdu1� u;es,it on_1y�estricred whe_e . ��-?� uses coul_d locaie. Therefore, ihe Coi�r dete�m!ped ih2t the iirst prong oi �ne test was sausned: the ord:aance coeld be analyZed as a-time, plzce, :na!1ner�eS�*ict;en. The:second pren� oi �'�e P Thea�res tesi exa*nined whe�her Lne ord?�ance was conten� . based a ca�tens neLLr2j. 11_'115 PSOP� IS S!�iiicantbecaase o°ti?e weii=settled r�le'�ha� _ regulztions enacted ior the. purpose oi restraining speech bzsed upon conient.presumptively yio7a�e �he Firs� :Amend�ient whereas conten� neutrai reg�lations which i*npact speech �re "zcceptab?e so long as they aze designed to seive a substantial gove*nme, ta1 interest and do no_. un*easonably Lmit altenatiye avenues of co�nmunication °' The Court ioLne that the Reaton Ci�y Council's "predo�iinate concems" v✓ere wnh,Yne secondary efiects of theaters showing:aduft . ,fiims and not with suppres"sing an unpopu?ai view. The Cou�� concluded t�a� the. ordinance satisiied ihe second prong.of the test as the ordtnance was "designed to_combat the undesirable' ' szcondary efieces of [adult businesses]" so.that it could be reviewed.under the standards' applicahie to "coz�tent neutral time, place, and manner regulations" despite the special treatmeat accarded adult theafers because eheord'inance was not direceed at the adult coneent oi films shourn in theaters but rather at the secondary effecrs on the.suzrounding corninunity by theaters si�owing aduli films. Haying determined that thebrdinance was coneent neu�a; the Plavtime Theatres Caurt appTied , tF:e thirc3 prong of the test bu considering _wheti_ier the ordinance "is desi�ned to se=ve a, -. substantial government±nterest and:ailaws for:easonable altemative avenues for : � om�unicauon.", Tne Gourt found that the ordinance was designed to serve the substantial ublic puipose of attemgting to "preserve `che qtiality of urban life" = an interest the Americ2n Mini Theztres Court noted must be accarded "high respect." The Playtime Theztres Court held " that �ne ordinance lefi open "reasonable alternative avenues of communication" for, the type of expression regulated under the ordinance since tfie Court found that the locations allowed under the ordinar.ce easily met tiie requirement to providing adult theaters "a reasonabie opportunity to open and operate within the Ciry" - AIthough Plavtime Theatres aad its guidelines contineed to be the principal case for exazninin� _. whether zoning ordinances used to regulate the locafion of adult uses i-npermissib�y infruige on . the constitutianal rights of adult uses, more reeent Sapreme. Court opinions, especially the Court's holding in Citv of Los Aneeles v. Alame.da Books: Inc., 535 U.S. 425, 122 S. Ct. 1728, . 152 L. Ed.2d 670 (2002), lead to some confusiori about the nature of.the evidence a�unicigality must produce to snow fhat a zoning ordinance regu7ating the location of adult uses is intended - only to combat tI?e secondary ef?ects of adult uses znd not suppress the constitutional rights of . adult uses. . � On a 5, 4 vote, the.Court in Alameda Books (as compared to the 7-2 vote in Renton v..Plavti�ne �' Theatres nasrowly reversed a 3lintt?..Circuit Gourt of Appeais decision (Alameda Boaks. Iric. v. Citv o`Los An¢eles 222 F3d 719 (9" �ir. 2000) whicR had struck down a distance requirement . .ivhicn prohibited more than one adult use from being located ia any sinole structure. The Ninth . . 25 ' Appendix D Continued _ �r � � � �' ° �� :� �. � � � � . � � �_ Circuit held thai the study relied upoa by Los ��',ngeles io suppozt its location regulation , . ordi�ance aid not suppon aa inference that two adult uses located in ihe same st*acture created • harmfel second2ry eifects and iacking any identificaiion of the hazr�ful secondary efiects of such a pse, che City oi Los Angeles could not show_the sehstantial gove-nment interest necessary to satisi� the third prong oi the Piavtime Theat�es test. 223 F3d at 72Q. . Although me Supreme Cou�t in AIa*rieda IIooks reverse� the l�iinth Circuit and ul ti,-nzteiy upheld tne consatut�onality of tt?e Los Angeies ordinance under the secandary effect.doctdne, the Supre�-ne Cour's.pIurality opinion.was not a model of clarityas it appezred open to.argument tnat a municipal?ty enzcting a zoning ordinance regulafing the location of adui_t basinesses and agplying it to an existing zdult business couid be :equired to offe: em�i*ical eyidence that a particular. adui_t business, as opposed to a11 adult businesses, caused harm��l secondary efiects Such an arguLnent would be conp?etely cDntrary to the many lower federal court cases from NI+_nnesota tI?at have Yelied upon Piav�ime Theztres includ'mg BZAPS, Inc. v. City oi 1Vlankato, 268 F,3d 603 (8`� Cir. 20Q1}, reh'g and reh'g en banc denied (Dec: 5, 200I), cert. denied, 536 EI.S.904, I22-S.Ct. 2356,153 L. Ed:2d 179,(2002) and IL,O Inves`�ments Inc. v C*tv of Rochester, 25 F3d 1413 (8`� Cir. 1994); cert. denied, SI3 U.S. 1017, 115 S. Ct..578, 130 L. " Ed.2d 493 (1994) as weii as Minnesota sta±e appe?Iate ccurt cases.like Citv oi Rasnsev v. HoImbero, 548 N.W.2d 302 (Minn. Ct. App. 1996). F3o�vever, that theory has apparently rejectad by.bo�'.h the Eighth Circuit Court oi Appeais in SOB. Ine. v. Cotu,cv of Benton 3 S7 F.3� 856, 864 (8�' Czr. 2003), reh'g and reh.'g en barc denied {Feb..27, 2003), cert. denied 54C� U.S. 320, I24 S. Ct. I04, 159 L. Ed2cI 38 (2003) as.,veIl as the Minnesota Co�rt of Appeals ir�;Eit of EIko v. Abed, 677 �d.�,'.2d 455; 464 (1Vlinn. �x. App. 2G04}. =. . . ' , , � _� . • 26 � r • Appendig E ;. The Planning Advisory Service, a division of the American Planning Association, has compiled a comprehensive review of major studies on secondary effects associated with sexually orientated businesses. Chapter three of the Planning Advisory Service report summarizes the secondary effects of adult uses from azound the country. Cooper, Connie and Kelly D. Eria 2000. 'Bvervthine You Alwavs VJanted to Know About Re ulating Sex Businesses �'YX". Chapter 3 from the American Planning Association, Pianning Advisory Service. Report Number 495/496. 27 K:�P.ppend(xEThePlanningAdvisoryService.wpd AA-ADA-EEOEmployer �. Ap�endix E Contimued CHAP7ER 3 �7 �J � . :� 3 Formal Studies of Sex Bu�sinesse�: Whaf They Tel( Us About Rea( and Perceived impacts � � � c�. r, N.a 1-:, =� i°�G.� �+' <°o� ;aa :��as ::.0 ��-'—�.'^- > .��:, `- s y{ �a,-B��.P.�n`ye •e�. '�'�s < �.,;a�: - �a H� � — "y�'��`-�.�. ��, =�� e _ . �, . ?iV:Ce ' ,:� ��'��,��``:�` �� s-m..;.,�.<_ _`�� • �''. �a.�y4�-:�'��c.t�vY:'- `.�.-, ��,�'.�-�-`'.,.�`_.. .xs:Fa., HIS CFL9PTER EXfuUIIVi'ES FIELD STUDIFS ADDRESSING TFIE INLnACTS AIv'D PERCEIVED IMPACTS OF SEXUALLY ORIENL'EII BUSIlV"ESSES. It {3ISt presents two original surveys in which we were directly involved: (1) a compzehensive door-to-door survey oi residents and business owners/managers in neighborhoods azound sexually ori- ented businesses and some other businesses with sexually oriented materials in Kansas City, Missouri; and (2) a survey mailed to prop- er'ry appraisers in Rochester, New Yozk, seeldng their opinions on the impacEs of different types of businesses on commercial and res- idential pioperty values. This chapter also includes our summaries and analyses of 10 other studies and reports on the regulation of sexually oriented business completed by Denver; Fort Worfih; Indianapolis; New York City; Newport News, Vixginia; Phoenix; St. Paul; Tucson; and Whittier, California. We found that some of the studies we reviewed have significant limitafions on theu useful- ness. We have included them because they aze often cited as sup- porting documentation of "studies from other cifies" incorporaEed by cities that are adopting sexually oriented business regulations, a pxocedure that has been allowed by the courts as a substitute for a city conducting its own survey of secondary effects of sexually ori- ented businesses. THE KANSRS C(TY STUDY As part of a larger study that we conducted of Kansas City's sexually oriented businesses, we coniracted with Oedipus, Inc., a professional public opinion reseazch firm from Boulder, Colorado, to conduct a series of interviews with residents and businesa managecs of the nei�hborhoods surrounding the sexually oriented establishments included in the study. Oedipus has an exeensive history of conducting surveys related to land-use issues and to issues surrounding Ehe licensing and approval of parliculaz businesses, fypically establish- menfs offering liquor or adult materials or entertainment. 45 � � � � � 46 £aeryEhing You Always Waxted to Knaw ... • • L� v � " ;� Our study desio for the survey was quite different from those used in other communities. . . . We wanted a more objective response and desioPned a survey method in which the survey teams nevex mentioned sexually oriented businesses or any others. The Survey The su,-vey ilvolved a total of 1,049 "door-lmocks" that zesulted in 360 successful interviews. At 577 iocations, no one answered the door, the business waz closed, or the business was open bui the mariager was not available; another 112 locations were notincluded because respondents were not residents of the neighbo*hood or pref�*ced not to partidpate. We reached our target goal of at least 20 completed surveys from neighbox- hoods azound each business involved in :his study excepc fox one busi- ness located in the heart of downtown, for which rhe survey team was able to obtain only 18 completed surveys. Our study desi� fror the survey was quite different from those used in othu communities. Surceys in other communities that have focused on sex- ually oriented businesses asked dicect questions like, Does the adult busi- :1E5$ ]Il yOL'T?l2!�.�JOL aeate any problems for you? We wanted a more objective xesponse and desianed a survey method in which the survey teams never mentioned sexually oriented businesses or any otheis. After the sur- vey eligibility questions, the first eight questions in the survey wexe on gen- eral topics such as the upkeep of homes and businesses in the neighborhood, traffic congestion, and pedestrian safety. In other words, we buried the intent of the survey with questions about genesal neighborhood issues and took sio�nificant steps to avoid "leading" the responses in any way. Beguuiing at guesrion 9, the survey teaavs genexai questions that intended to elicit responses zelated to the substance of our study. Those questions were: 9. Is there a business in your neighborhood that is a problem or not good for your neighborhood? 10. Is there a business not located in your neighborhood that your neigh- DOiROOQ LtEE�S� �1IIeiEVdru` i0 Siu�iy u�u i�Gi uiSCwS>2u ii:+.''u 11. Ls ehere a business operating in your neighbothood that should not be. in youz neighborhood? 12. If you listed a business that should not be in youz neighborhood in question #11, which, if any, of these businesses has advecsely affected your ability to sell or rent your property? 13. If you opexate a business, has any other business affected your ability to hue or retain employees? We studied neighborhoods azound what we later chazacterized as five main types of businesses dealing in sexually oriented materials. 0 V'ideo stores, which emphasized the saie of videos but which induded some--or many—haid-core, sexually oriented videos � Sex shops, which inctuded a variety of sexually oriented goods, usu- ally featuring sex toys, some media, and, in some cases, very racy lin- gerie, leather goods, and other accessories � Retaii outlets with a variety of consumer goods and a substantiai stock of sexuaIly oriented inventory � Sexually oriented motion pichire theaters o Adult cabazet There was one variation that affected our classifications—the indvsion of video-viewing booths as an accessory use. (See the list of our dassifications in Table 3-1 whexe we also indicate whether cideo-viewing booths were included in the business.) There was aLso one business with live entertain- 29 3. Formal Sfudies 47 �� TABLE 3-t. CLASSIFICATION 0� A�UL7 BUSFNESSES IN FHE KANSAS CITY RESIOENT/BUSINESS SURVEY 8usiness Name 1st Amendment Adrienne's Book Sio�= & Arcade Bazooka's Showgiris City Classification � Less than suU:staniial portion Video-viewinq 600ths Aduit entertainmen4 video-wewinq 600tfis Autfiors', Classification Sex shop Sex shop with viewin9 booths E!Iwest Stereo Theatre (AYer Dark) N.Y. Times Square Video Old Cheisea Theatre Passion Pit Pleasure Chest Adult Bookstore Pnsciila's Ray's Over 27 Ray's Vdeo (Main St) SRO Video Stadium News (A`[er Dark) Strand Vdeo 'fime for Neuvs Valentine Vtleo Video Mania Video-viewing booths Video-viewing booths Video-viewing 600ths Video-viewing hooths Video-viewing booths Less than suhstantial portion Video-viewing 6aoths Video-viewing haofhs;less than substantial porton Less thzn substantial portion Video-vieuding booths Vdeo-viewing booths Video-viewing booths Less than substantial portion Less than su65tantiai portion ment, as well as books, videos, two small motion picEure theatets, and video- viewing booths. Note Ehat our classification, wluch is discussed in moxe depth in Chapter 8, differed firom the one Kansas City had used before our study. The city had distinguished between adult and non-adult retaii oudets on the basis of the peicenWge of the store's stock-in-trade that invoived sex- ually oriented media. Stores with "less than a subslantial porlion' of the stock m trade, which the dty at that fime interpreted to be 50 percent of the number of inventory items, were consideied non-advlt uses. Responses Oedipus, the public opuuon reseazch firm, reported Ehe responses sepz- raeely for the two categories of business�s included in this study: those with video-�zewing booths (refetted to in the Oedipus report as "adult businesses") and businesses with "Iess than a sie ificant or substantial portion of theix stock in trade` in adult materiaLs, referred to in the Oedipus report as "other businesses with aduit materials." The responses from different neighborhoods were very similaz_ In response to questions 9 and 11, 57 and 63 percent, respec�vely, of the 360 respondents said there was no b-usiness in the neighborhood tliat was a problem or should not to be there. (See Table 3-2.) However,102 respondents indicated that there was some basiness in the neighborhood that was a prob- lem or should not to be there. Of Ehese respondents, 97 named an adultbusi- ness or another business with adult materials. (See Table 33.) Ninety percent Adult cahareT, adult mini-motion picture iheater, viewing booths; adult video rentals and saie; INe encountzr booth Sex shop with viewing booths Sex sfiop with viewing 600ths Adult motion piciure theater, aduli live theater wRh viewing booths; live encounter booth Sex shop (more than 40% aduh video sales antl rentals) Sex sfiop with viewing booths Sez shop Sex shop with viewing 6oaths Sex shop with Beanie Ba6ies, newspapers, and viewing booths Udeo store Sex shop with viewing bootns Sex shop; adult mini-motion picture theater with viewin9 booths Sex shap with viewing booths Vdeo store Video store • • • �1] � 48 Everyfhing You Always Wa n t ed t o K ... , • • • � . -� TABLE 3•2. RESPONSES TO KEY QUESTIONS IN KANSAS GITY SURUEY (percentage of respundents) No Opinian or Question No Yes Not Applicable �an't Knnw (II9) Business i� your neighbomood that is a 56.94 30.39 2S 6.39 problem? (Q77) Business in your neigh6orhood that should 63.06 28.33 8.67 not be tfiere? (Q72) Business from pr:vious question 5.28 7.78 84.4A 2.5 affected your ahility to sell/rent properry? Source� Oedipus,Inc., SuroeyRegard'vxg Bvsinesses uriEkThdeo-viewingBaothsa,withUssflum a SiBn��ant ar Substanfia( Partion of Their Stock in Trade xrz Adsslt M¢terials, I�'nresas City, Missoun (Bouldei, Colo.: Oedipus, Inc, 1998); firom responses to Questions 9, 11, and 12, pages.4, 5, 7. ' TABL£ 3-3. TYPES Of StSSINESS LiSTEO AS "SHOULD NOT BE IN NEIGHBORHOOD" Named hy Business Type Respondents� Adult business or business with aduh materials 97 Liquor store 13 � Bar 12 Hatei 9 Nonprofit reha6, halfway houses, blood hank, g Planned Parenthood Check-cashing 6 Pawn shop 5 Convenience store/gas station 4 Temporary emp(oymentlday labor 3 Fast-food 2staurant 3 Car saivage yard/car lot 3 Industrial {in residential areaj 3 Auto body shop/motorcycVe repair 2 Recycle center _ 2 "Hippie" shop 2 Business with overflow parking 2 Other 3 1. Sample size = 102 responden5 who answered Y� m QuesCOn Il. (SeeTable32) Souice: Oedin�vs, Inc, Suroey n'egar3tng Bvsoxesses roirk Vxcrn-aiew irsg Bcoths or mith I�s :imi a Szgn'�firm�t or Subst�vtiai"Pmtian afTlr� Stack'niirode mAduttMaterirs7s,K¢rts¢s Gty,Missouri (Bouldey Colo.: Oedipus, Snc,1998); from resoonses eo Questioa 11, pages 56. 31 of the respondents gave land-use impacts as to why they believeci the sexu- ally oriented busine�ses did noE belong in the neighborhood. Reasons �ven included such things as "tr�ashy," "trashy sEore fronE;' 'lowers property value;' "draws bad crowd;' draws unsavory people;' or'bad influence on childxen "" A small number of respondents cited the content of the maten- als handled by the business. The bcsinesses named most frequen$y by respondents to Question 11 were: First Amendment (20 �mesJ, Priscilla's (13 times), Ray's �deo (I2 times), Ray's Over 21 (11 times), Pleasure Chest (11 times), EIlwest (9 times), 01d Chelsea (8 times), Bazooka's (7 times), Strand (6 times), Passion Pit (3 times), After Dazk V'ideo (formerly Stadium News 3 times), New Yock Times (2 times), and First Amendmentand Adrienne's (1 time each), and unnamed stores (4 times); note that First Amendment, the Passion Pit, and Priscilla's do not have video-viewing booths. Businesses that were not listed, aithouoh the survey teams worked the neighborhoods around them, included: SRO V deo; Time for News; Valentine V'ideo; and Video Mazua. SRO Video was essentially a control establishment—a mainLine cideo store with a few hazdcore videos on a high shelf. Valentine Video and �deo Mania are mainstream video stores wiih large back rooms of hard-core material. Tune for News is clearly a sexually oriented business, but it is located in an entireiy com- mercial area. In response to question 12, related Eo the ixnpact of a pazticular busi- ness on one's ability to sell or rent a property, most did not identify a problem. Of those who did idenrify a problem, 26 of the 28 named an adulf business or another business with adult materials. Only five respondents indicated that a parflcular business had impaired their ability to hire employees. Analysis ' We wece surprised at the survey resulLS. We certainly antidpated that some adutt businesses wouid be named in response to our relatively neuEral ques- tions regarding problem businesses, but we anticipated a fairly even mix of bazs, used�caz lots, junkyazds, and marginai convenience stores, along with businesses included in flvs study The fact that 96 peicent of the persons identifying a business that "should not be in [their] neighborhood" specifi- cally named adult businesses or businesses cvith adult materials is very sig- niticant. The fact that 90 percent of those responding to the question about why they objected to the businesses gave reasons related to land-use (ie., they used des¢iptions of the property or actions azound it) for opposing those businesses is a]so sio ificant. In a public hearing, accompanied by counsel fox neighborhood groups, those testifying might be expected to couch their tesrimony carefully to avoid iripping over First Amendment issues. In response to an unscheduled'person�l interview, however, one nor mally obtains direct, unrehearsed responses; in that context, we would have expected more responses `ttiat focused on the moral issues, responses like "we don't need pom in this neighborhood;' or °that business is iinmoral,�� Because these responses aze given in a nonpublic and direct sense, we give them great legitimacy And this, in tum, af{ects how commvnities mighf best respond fo the issues that arise from sexually oriented businesses. In other words, the respondents' complaints focused on business activities rather than on the message content of communications, and {hose factors can be addressed through zoning and licensing procedures without having to con- fronE Fust Amendment issues. pur own observations of these businesses (see Chapter 2) confirmed many of the perceptions of the respondents to the survey. � Chupter 3. Format Studies 49 i` } � `' U, _ --_ _ Bazooka's uras one of tke TCansas CiEy businesses that was deemed by nearby residents as "n business operating in your neighborhood thaE should no: be in your neigkborkood." This, despite the facP that the business was one af the ctassiest the authors visi.ed ix their rzsearch. • c�ec�,� . 32 50 Eaeryfhing You Aiways WanEed to Know ... - r � � � � � � °_ We believe that Kansas City's former distinction between adult uses and "percentage stores' missed the real distinction between these businesses. There aze two other aspects to the survey resulES that aze particvlaz sio nifrcani. The responses from the neiahborhoods surroundina what the industry calls "percentaoe stores' (stores cazryina adult maferiaLs but falling below the pexcentage the city uses to classify the use as an"adul: business") were essentially similar tosesponses from neighborhoods sur- zounding bvsinesses that were cteazly adult businesses. The simil��ity of these responses did not surprvse us. We believe that Kansas City's former distinction between adult uses and "petcentage stoies missed the real disnnction between these bvsinesses. W"e found several establishmenis that were objectionable to neighborhoods but that had "less than a sub- stantial portion' of theu inventory in sexually oriented merchandise. In each case, fihe establishment involved had a sia ificant inventory of sex toys, racy lingerie, and novelties (none of which was then included by Kansas City in computing the adult-oriented invenEOry); we subsequently classified such businesses as "sex shops;' a finding discussed in more depth below. The survey showed no respondents naming mainstream video stores with adult videos in a back mom (viz., SRO Video, Valentine �deo, and Video Mania) as the type of business that should notbe in Ehe neighborhood. (See Table 3-4.) SRO Video had a small number of adult tifles, kept high on the wall and displayed with only the spines showing. We did not expect it to tum up in the survey responses, and it did not. Ualentine Video and V'ideo Mania, in contrast, had very lazge inventories of sexually oriented video- tapes and, in contrast to some of the other businesses, many customers. It would be safe to say that we saw 15 or 20 times as many customers in the aduit sections of Vaientine V'ideo and V'ideo Mania as we saw in Ficst Amendment, but First Amendment turned up 20 times on the survey TABLE 3-4. ADUIi BUSINfSSES OR BUSINESSES WtTH AOULT MATERIAL THA7 "SHOUL� NOT BE IN NEIGHBORHOOD" (Authars' Classification) . Num6erin Studied Percentage of Type af Businessy Neighharhoads Times Mentioned Mentions Adult live theater Aduli movie theater Sex shop with viewing booths Sex shop without viewing booths Unamed store with adult materials Mainstream video siore with adult videos in back room Mains[ream video store wRh few aduit videos 7 7 1 S g 58 3 36 2 0 1 0 62 7.1 51.3 31.9 3.8 Notes: 1. Where busssiess included ncultiple 6usinesses, it it identified hae only in the fust <ategory in wkrich it falls, because the <ategories aze listed in o[dex of theix imnact on neigkiborhoods _ 2. Numbe= of �entions was 113 from a total of 97 resnondents who idmtified an adutt business in response to Qaestion 21. 3. 7ota1 varies hom S00 percent becavse of xovncling. Source: Tabulated by autho�s fm� follow-up xesponses to Qu�tion 11, as reported sepaatety for tcvo d�ffumt groups on pages 13 and 21 in the Oedipus study, eliauxuting double-counting. Tota1 nusber of mmlons <xceed nvmber of pexsons idmtifyuig an adult business, as sf�ow in Tabte 33, beavse some mmGoned muI¢ple busmesses. 33 3. Format SEudies 51 responses as regards types of businesses fhaE should not be in fihe neighbor- hood, and Ualentine V'ideo and Video Mania were not mentioned once. ConsisEent with che finclings about First Amendment aze the survey results invotving Priscilla's. Prisalla's was mentioned by survey respon- dents 13 times. It was probably the nicest store that we visited in terms of quality of decor and fixtures, caze in merchandising, lighfing, cleanliness, and general management attention. Al'rhough we ultimately recom- mended that sex shops like Priscilla's be induded under the new licens- ing ordinance in Kansas Cit;, we did not anficipate that it would have any difficulty meeting the many standazds regazcling operafions and mainte- nance of the premises. Priseilla's featuxed lots of lingerie, Iots of noveities, lots of sex toys, and a relatively smaIl number of o compazable io the number of sexually orienEed videos at SRO. In short, the emphasis in Priscilla's was not on media but on accessories. Within a block of Priscilla's is Roscoe's, a lazge and comprehensive video store with a lazge backroom with adult videos—similaz to those we found at Valentine Video and Video Mania. In contrast to Fricilla's, Roscoe's did not tum up once in the survey responses, although its neighborhood is the same as Priscilla's. If neighbors were concemed about the specific content of the maEerials (sex- ually oriented videos), chey would have named Roscce's. People that we spoke to charactexized Priscilla's as a retail stoxe selling "se�c' with its mixture of lingerie, XXX cideos, and sexual oriented para�hemalia—that view would completely explain the multiple survey responses nanvng the store. Roscoe's was a video stoie that just happened to carry XXX-rated videos as an ancillary Yo its main operation as a video store. We believe there aze two reasons why PrisciIla's and First Amendment were such s oPnificant issues for neighbors, while three other stores that ILdQeQ IIl IILllCR idta2I C1ll3RL1L12J Oi SeXIIdiij% OI'iEqu`Eu utcuid uiu i�0i: 1. First Amendment and Priscilla's wese, acmrding to our categories, sex shops. In addition to videos, they cazried sex pazaphemalia and maga- zines, along with extraneous merchandise, such as reading glasses, caps, and ceramic cups. Valentine and V'ideo Mania are comprehensive video stores Ehat choose to carry many adult-oriented videos (confined to a controlled back room), along with lots of family-oriented videos. This is a land-use distinc�on, based on the cont�t in which the material is sold or rented and not on the content of the materiaL 2. First Amendment and Priscilla's were located on blocks that abutted residential properties, while Vdeo Marua, Roscoe s, and Valentine V'ideo we*e clearly located in major commercial azeas. The recommendations we make in the later chapters of this report aze based on our recommendations to Kansas City to address these issues, although we have continued to refine our thinking and the resulting rec- ommendations. Kansas City adopted those recommendations in the form of zoning oidinance amendments and a new licensing ordinance similar to those for which we provide drafting checklisis in Chapters 7 and 8. For a detailed treatrnent of how we resoived these issues, see those clupters. A SURVEY OF APPRAlSERS IN ROCHESTER, NEW YORK The City of Rochester, with the assistance of Duncan Associates, con- ducted a survey of property appraisers in Rochester/Monroe County, New Yoxk, to detemune their perceptions of impacts of spedfic busi- nesses, including sexually orienEed busi*tesses, on residential and com- mercial property vaiues. '�� ;— _'!'` § � �: , ` Kansas City's Zie,�eld's promises Ehat Ehere's "notking on but the jukebox° in fhis ' gentlemen's cIub." Uenues wifh Iiae entertainment pose a whote differe+it seP of problems than retail uses Eha: do not. The authors suggest that the d'ufinctiorrs are simiiar to Ehose between a bar and a liguor store. co�co� • 'The recommendations we make in the later chaptets of this xeport aze based on our recommendations to Kansas City to address these issues, although we have confinued to refine our ttiinking and the resuiting recommendations. • 34 52 \ J You Always Wanted to Know ... � Becauseany question focusina simoly on the question of whether such busi�esses may have a The survey was conducted in the context of a lazger study of sexually oriented businesses. Because any quesrion focusina simply on the ques- . tion of whecher such businesses may have a negarive impact on prop- erty valuzs dearly biases the respondent to answer affirmatively, this survey placed such businesses in context, by including such businesses i in a list of othet businesses that aze sometimes consideied LiJLUs I (Loczlly Unwanted Lend Uses). Furthermore, rather than lumping all sexually oriented businesses together, the survey included seceral dif- ferent types of such businesses, rana g from passive retail uses (sale or rental of sexually oriented books and videos) to higher impact uses, such as those with live entertainment. These businesses as a o oup (that is, a11 the LULUs) are generally called "the studied businesses" in the rest of this analysis. The categories of businesses sent to the appraisers are Iisted in Tabie 3-5. negative impact on property values clearly biases the respondent to answer affirmarively, this survey placed such businesses in context, by including such businesses in a list of other businesses that are • somerimes considered LULUs (Locall� Unwanted Land Uses). • 7ABLE 3-5. TYPES OF BUSINESS NAMED ON ROCHESTER SIiRVEY OF APPRA4SERS Business Type Bar Bar with live entertainment - Bar or juice bar-with nude dancers or servers Boakstore Bookstore that includes some sexually oriented materiais Bookstore that advertises itself as XXX or "AduiY' gewlin� alla� . Gonvenience store Convenience store with gas Convenience store with alchohol Newsstand Newsstand with 6ack room of sexualiy orienied materials Pawn shop Salvage yard "Sex shop" featuring leather goods, lin9erie, sex toys Video rental shop Video rent2! shop with hack room of sexually oriented materials �deo rental shop that advertises itself as XXX or "A6ult" Sonxce: Survey of Appraisexs by Depachnent of Zoning, Gty of Rocheste*., New York; study design and data compilation by DuncanASSOdates, AustitL'Iexzs, Table 1. Most local ordinances dealing with sexually oriented bus�esses address the appazent impacts of such businesses on property values by requiring sexually oriented businesses to be sepazated by some spediied distance (typically between 500 and 1,500 feet) from certain categories of land uses. Thus, the survey attempted to find a relaHonslup between dis- tance or other locational factors and impacts on pzoperry values. Finally, rewgnizing fihat all of the possible LULUs induded on the list aze com- 35 mercial enterprises and that any commercial enterprise will have a differ- ent impact on resideniial propercy than on commeraal property, the sur- vey asked sepazately about the probable impacts on residentiai properEy values and on commerciai property values. The suroey included qtrestions desio ed co determine the distance from a given residentiai or commercial property at which appraisers would determine the impact of studied businesses. It also provided an opportunity for the appraisers to rank the potential negative iuipacts on a property's value caused by subcategories of the studied busi- nesses. The survey allowed additional comments, but review of those comments is not included in this report. The survey was conducted in spring 2000. Thirty-nine responses were received and analyzed. All returned sur- veys *.vere ind��ed i. th= da!a znaiysis. Porfions ef sem< re�:rr.ed s.ir- veys were ieft blank, and those portions were not included in anzlysis_ Thirty of the 39 responding appraisers had some type of real estate apnraisal certification in New York State. Their aveiage number of years of experience in appraising was 20.2, and the average number of yeazs of experience in Monroe Commty was 19.7. Appraisers were given an opportunity to rank 18 different business types by the potential adverse impact they might have on the value of either residential or co�ercial proper[y. The Relatianship behveen Proximity and Use Tables 3-6 and 3-7 show the responses to guestions about sepazation dis- tances. The greatest factor affecting both residential and commercial uses was whether a potentially negative influence was located on the same block. TABLE 3-fi. OISTANCE/SEPARATI�N FACTORS IN IMPACTS OF BUSINESSES ON VALfJES OF NEARBY RESI�ENTIAL PROPERTY � Consideration factor Percenfl Tofal Studietl business Iocated on same biock 57 y7 Distance affected by type of business impzct generator 47 14 Distance related to impacting business fronting on same street 23 7 Studietl business located within 500 feet 70 3 Studietl business located wfthin 1,000 feet Studied business located within 1,500 feet 13 q � 0 Note: 1. Percznt mdimtes how many of the 30 useable xesponses mdicated the given �pnsyd- erntion iyctor. Ihe percmts total Lugher d�an 104 per<mt because the survey allowed xesponden� to make sultiple selections . Souzce: Svrvey of Appraisers by Deparhnent of Zoning, Gty o.` Rochest¢, iVew York; study desie and dam mmnlation by Duncan Assoaaxs, Austin, I'exas, Tzbte 2 Note tt�at, due to inmasistmaes in the method of xesponriing to the suvey, the }�1e repm sen+s a scodng of the responses by DuncanAssocyates and not a shxig'nk wmp�alon of answees. Sov�e xesponses rznk_=d all of the studied businesses, from the mos; negative eo least nee tve mmpac�tr oa arope:ry vaiue; w�e simply assigned eoint values to theix pexceptons of the impacts of wme of the businesses. Hecause oE tlus sse<ox�sistmcy in msponses, ai1 useable responses were ie.coded, converting the wide range oi xespon- dmts'razv'dng oi rating systeass into a quartiie rystem (reting ¢om 1 fo Q with 1 being the Iughest no•.entiai negative impactj.'Lheze were 23 cvseable msponses fox xesidentlal P �pa� �1 14 vseable zesponses for mmmada; propectj. iMpacts t�t unde:vrent this xecoding. We believe ttut the intent oE each cespondait w� �(¢az an� tf+at the cxcding acevretely xe�ec[s the xesponses of paztidpmtr. 3. Formal Studies 53 ., _ . :�y The survey provided an opportunity for the appzaisers to rank the potentiai negative impacts on a proputy's value caused by subcategories of the studied businesses. C� ,` 1 u � 36 54 Everything You Atways Wanted fo Know ... - - The nexi highest considexarion was the type of business genera�ng the • impact. The analysis did not correlate this resule with the rankings of potentially neo tive impacts because the sample size was no4 lazge enough to allow a statistically significant analysis. IE is possible, however, " that a lazger sample size would show a.positice correlarion among the characEer ot a business, i� disiance from the protec.ed land vse, and the impacis on ihe land use; that is, hiaherimpact bvsinesses (those with on- Pr ente,-tainment) may have an impact at a a eater distance thzn lowerimpact, retail uses. Whethex a studied business fror.ted on the same sffeet as the other properEy was Ehe next highest consideration among the appraisers. 7pBLE 3-7. DIS7ANCE/SEPARATION FACTORS IN IMPACTS OF BUSINESSES ON VALUES OF NEARBY COMMERCIAL PROPERTY Co�sideration Factor Percent� Total Studied business located on same biock �Z �3 Distance affected by type of studied business � 8 Distance related to studied business fronting on same street 17 3 Studied business located within 500 feet >> Studied business located within 1,000 feet >> I � `� • Impacting husiness located wfthin 1,500 feet Note: 1. Percent indicates how many of the 18 useable respox�ses induaied the given con- sidemton factov The percents to�1 hSher than 300 peccent because the survey 3uvw'2u i��Ivu2'i5:v."..2.�C°r.�..•�.t��le gelc__png Souse: SuxveyofApptaisersbyDep��tofZoning siudy design and data compilation by Duncan Assodates, Austin, Texas, Tabie 3. Note tfut, due to inconsistmcies in the method of responding to ihe survey, the tzble repre- sents a scoring of the xesponses by Lnin<an Pssodams and not a shaighi compilation o{ yu�n, $ome respoivses ranked all of $te studied businesses, Lzom the most neg- ative to least negaGVe �pacts on pmperry value; some simply assigned point values to theic pecceptions of the impacts of some of the b' . Because of this inconsis- ten�y in responses, all useable msponses *n'ere re'coded, tonvexting 1he vride xange of respondentr mnldng o= ratinF sS`�� to a quaztile system (iating from 1 to 4, with 1 being the highest potential negaeve impact). Thexe wexe 23 useable xesoonses for xazdential property impac4 and 14 useable xesponses for comm_rdal pcoperty ;mpads that undeswmt this recoding. We believe that the intmt of each xespondent was cleaz and tlut the xecoding accumtely reIlects the responsu of paztidpants. The Ranking of Business Types Tables 3-S and 3-9 show the stuclied business types separated into three categories based on their relative potentiai to have an adverse effect on either residential or commercial property values. It is important to note that the results of this survey aze des¢iptive only. They quantify only'the opinions of real estate appraisers in Rochestei/Monrce Counry, IQew York, about the potential impact of cer- tain types of businesses on property values. This survey does not com- paze actual property values or appraisaLs to the responses collected, nor is thexe any xeliable siatistical method fo infez the actual effect on prop- erty values from the information collected by this survey. Anatysis The responses to the impacts by business type are, in part, counterintu- irive. The investigators anticipated that salvage yazds would have been a 37 � �-_ TABLE 3-8. TYPES OF STUOIE� BUSINESSES WITH AOVERSE EFFECTS ON RESIDENTIAL PROPERTY Chapter 3. Format Studies 55 ^ — . _ '�, e � Greatest Patential Impact Maderate Potentiai Impact Minimal Potential lmpact Bar or Juice Bar with nudity Video rental with SOM` Pawn shops XXX or "AdulY' video rental XXX or "Adul�' boakstore "Sex shops" Salvageyards ' Bar with live entertainment Newstand with SOM' Bar Bookstore with SOM' Convenience store with alcohol Convenience store with gas Bowling ailey Convenience store Udeo rental shop Newstand Beokstore " "SOM" indiafes serually oriented maEerials. Souxce: Swvey of Appmisen by DepxYStient of Zoning, City of Rochester, New Yoxk; study design and data mmpilatlon by Dumm� Assodates, AuStin, Te�as, Ta61e 4. Note tkiat, due to imm�sistendes in the method of xesponding :o the survey, the tdble xepresents a scoring of the xespox�ses by Duncan Assodates and not a straight mmpilation of answecs. Some respoases ranked all of the studied busi- nesses, from the most negative to leas*. negative impactr on pxopeRy value; some s'vzply assigned point values to tkwir p�ceptions of the impacis of some of the businesses. Betayse oF this inconsis- fency in mponses, a]7 useable responses were mcoded, mnveatng die adde xange of xespondenfs' xanking or rating rystems into a quariile system (rating from 1 to 4, with 1 being the highese potential negative impact).'('(i� were 23 vseable responses tur residenCal property impactr and 1? vseable responses for cocimerdal properiy impacts that ynderwent tktis xecoding. We beiieve that the intent of each respondent was deaz xnd tt�at Ehe cecoding accurateiy reflects the Ksponses of paziidpan�. TABLE 3-9. TYPES �F STUDIEO BUSINESSES lNlll'1 AUVttSJt C��CI'.IJ UN 4UIYIIYiCtS{'.iNL �RU�CRi I � Greatest Potential impact Maderate Potential lmpact h7inimat Potential Impact Bar or Juice Bar with nudity Salvage yards Bookstore with SOM` XXX or "AdulY' video rental "Sexshops" XXX or "Aduit 600kstore" Video rental with SOM` Newsstand with SOM' Bar with live erttertainment Pawn shops Bar ' Convenience store with aicohol Vdeo rental shop Bowling ailey Bookstore Convenience store Convenience store with gas Newssiand • "sOM^ mdiwtes se>vally oam.ed materizk. So�cr. Swvry o£Anpiaisecs by DepartmenT of Zoning, Cty of Rofiest¢, New yoi1G sn+dy design and data compilaiion by Duncxn Assoaxtes, Acstir., Texas, 2able 5. NoM dut, due to Inconsistm- aes um �e method of responding to the suxvey, the table ze�izeseacs a scomig of the �poxsses by i}un�n Assodates and not a straight compilation of answen. Some xesponses renked all of the stndied bvsinesses, from the most negatve to least negative impacts on pxopertp va(ue; sose sim- p1y assigned point values to their nexceptions of the imnac[s of wme'of tlie businesses. E¢ause oi tivs imm�sistmcp m responses, alt useable zeseonses weze re-coded, convutilg the wide xange of xespondents' xanlcng or ratixvg systems into a quartile system (rnting from 1 ro 4, with 1 being the ktighestpotentia! nega�ve impact). Tnec¢ were 23 useable cesponses for residential nroperty impacts and 14 vseable xesponses for mmmerdal property impac5 Enatundawentft�is recoding. We believe du: the izemt of each xespondent was deaz and t2ut the iecoding acnvxatelp reflects the xesponses of pa�cipznts. Also note that the totzl n�bec of responses to scirveys regazdixig mmpacts on <om- meraal pmpexties was much ssaller (18) than the tnttl mpoxises �guding xesidential properties. �� • 56 Everything Yox Aiways Wanted Eo Krcaw ... use with sigidficant impact on commerdal p=operties (they were in the • highest impact group for residential properties) and that convenience stores selling gas and/or alcohol would have been perceived as having modera.e potential impacts on residential pxoper�es. But fihe appraisers did not see them that way Rathex, they responded that video stores and booksiores wich back rooms of adult material would hace a eater pots- tial iLnpacts on property vaiues than such convenience stoies and ranked them with salvage yazds and bazs with live entertainment in their poten- tial effect on the property values of commerdal properties. These resulis seem inconsistent with the sumutary of the Kansas City survey results above; in that svrvey, no respondents identified video stoxes and book- stores w bacic iooms of sexually oriented materiaLs as having any advzxse impact on their neighborhood. T'here was a¢itical difference in methodoloo es, however. In the Kansas City study, neiahbors were I requixed to identify problem businesses by name. In this survey, the busi- nesses were identified only as "types" that included sexually oriented Based on the results of the � \ J survey of appraisers in Rochester, New York, bars with nude servers or live entertainers clearly have the greatest potential negative ixnpact on surrounding property values. materials. The authors suspect that many of the respondents to the Kansas City survey were totally vnawaze of the back rooms and that others paid little attention to them. There aze sevexal such businesses in Rochester, and local plannus and enforcement officers have reporEed no ptoblems with them. The researchers suspect that the appraisers may not be any more awaze of these types of businesses than the respondents in Kansas Ciry and may have responded to the question based on the'u perceptions about true adult uses. Ciassification of the "adult bookstore° in the same high-ixnpact cate- gory as "sex shops" and sexuaily oriented businesses with live enter- tainment is also somewhat suspect. One of the investigators visited all „c .�o �.�o Sevu�!y o:i�n±�3 bus� esses i^. Roches±er zrd Fo•;�:? no true adult bookstores that sold only books; many businesses that called themselves adult bookstores also had video-viewing boo`Su, which are a form of on-pxemises entertainment, and all included sex toys and other items that would bring them within the authors' classi- fication of a sex shop. Thus, to the extent that the appraisexs responded from theu own experience in Rochestex, the attempt by the investiga- tors to distinguish an adult bookstore from a sex shop appears to have been unsuccessful. Survey Findings Based on the results of the survey, appraisers in the Rochestez/Monroe County azea have the following views on the impact of the studied busi- nesses, which included sexually oriented businesses. 1. Bazs with nude servers oi live eritertainers cleazly have the a eatest potential negative impact on suxxounding property values. 2. Sexually oriented businesses have a potential negative impact on the value of some neighboring property. That impact is greater fihan the impacts of sox}e other types of businesses considered as undesirable neighborhood land uses. 3. To the extent that studied businesses have a potential negative impact on property values, they have significanfly more negative impacE on the value of neighboring residentiai pioperty than on the va;ue oE neighboring mmmercial property. 4. The greatest potential impact on property values of the studied busi- nesses is on properties located on the same block. 39 5. For uses located on different blocks, the location of a studied business on the same street as a protected use is moie significan: in measuring impact than is any particulaz separation by distance. 6. Based on a combination o; responses, if tcvo propeztes aze equidistant from fihe same studied business, with one located on the same street as the sfudied business and the other on anoEher street, the property located on the sazne street as the studied business will suffer the greater impact. 7. The impact o: studied businesses on neighboring properYies decreases with disEance; the poten�al negative impacts stop somewhere between 1,000 and 1,500 feet. Please note that interpolation of the distance/sepazarion data suggests that pedestrian or driving distance is a critical facfor and is faz more imporfant than absolute distance, but that interpolation goes somewhat beyond what the data says d'uectly. Although staff from fhe City of Rochester parEicipated in the survey and accepted the survey, the city has taken no action to accept the find- ings and conclusions based on Ehe survey as of the daEe of the publication o; this PSS Report. The analysis and summary we provide here aze entirely the responsibiiity of the authors of this report. FIN�IN6S FROM STUDIES IN OTHER COMMIlNITIES Denver "A Report on the Semndary Impad of Adult Use Businesses in the City of Denver' was prepazed by muitiple city departnents tor the Denver City Council in January 1998. It is detailed and carefully done. According to the study, after applying the mandatory sepazation requirements (500 feet from ,a.esib�.a:z.a. :ses, suu�: zs pz:ks, schocls, z: 4:=..li��.:s fzc.."�es, a:.d 1 �OO:ez: from other adult uses), "at least 67 business-zoned sites are available in addi- tion to the ZO ex�'stixtg aduit use businesses° (p. I6). Thvs, there aze a sub- stantial mimber of available sites for adult use businesses in Denver. Most adult businesses in Denver aze licensed; the only exceptions aze bookstores cvithout video-viewing booths or other on-premises entertain- ment. In a discvssion of licensing, the Denver report notes: Most adult vse businesses in Denver have had their licenses sus- pended on one or more occasions for ¢iminal violations by patrons or emptoyees (or, in some cases, for licensing violations shoxE of mm- inal behavior). The overwhelming majority of such violations incolved oublic indecencj; including mastvrbation, fondling and deviate sexual intercourse. J Among the four groups of lice:ised adult vse businesses, P.musement C1ass 15 licenses, which offer advlt books and material and adult pic- r.ize show devices, do nqt seem to generate the same amount of vio- lations as those bvsinesses with live entertainuient os movies. (p. 20) The Denver study also involved surveys of 1oca1 residents and business owners. Questions on the survey avere directed at unmvering people's per- ceptions of the impacts of zdult uses. The analysis revealed the following. 'I4e stud,v found that people who'Live or own bvsinesses near adult businesses—pazticularly pop shops, [nude dandna establishments dut serve soda "pop` rather than alcohol] aduit cabazets, and theatecs—feel their presence in t�4e neighborhood lowen prooerty values, generates aime, and contributes to an ovecall de¢�ease in qssality o; life. (p. 75) CJzapfer 3. Format Studies 57 ` - _. � �': ,� PAS HAS STUOIES AVAILABLE � e Planning Advisory Service (PAS) staff has copies of the studies of the impacts oF sex busi- nesses on communities listed in this report as well as studies from other dtes, iRC1ldiZlo the ?Cznsa=. 6!� shxdy performed by the authors and summa.-ized above. These studies aze avaiable on loan to PAS subs¢ibexs. If you are not a PAS subs¢iber, you vriIl be chazged a reseazch fee. Of course, you can also contact the dties d"uectly A review of the dties' web sites did not hun up these studies (witkt the ezceprion of New York City), although most ord"u�ances govem- ing sex bvsixiesses from the aties dted here aze available on line. Purchase infozmation for the New York Ciry stvdy is available below in the side6az by that dt}�s case study • �! ; �' I 1 � • � �, � • • 58 E�eryfhingYou �"; �, ° r�,(� � �� Waxfed to Know . . . The impacts on property values, paz[iculazly on residenfial values on abutiing blocks, appear to be significant. Although [the Denver] report does not establish any significant new findings, it reinforces the findings from studies in c�u 2: ci:is zr:? ma.k�s sc.... important distinctions among types of adult businesses. This perception was reinforced by the results of focus group meetings held to discuss this topic. Field observations of the adult bvsinesses found a variety of pxoblems, although sosi of the problems were such chat they may have been ct�r- acterisflc of the neiohboxhood rather Ehan related to the adult businesses. Regazding crime: The 5:udy showed tnat :he percentage of cals for police service linked to dvsivrbance, piowler and sex-related aiaies was roughl.y the same in the azeas surcounding adult bvsinesses zs fox the ci'ry as a whole. However, the inddence of such calls at the individual adul: busi- nesses, exdusive of suriovnding areas, was proporlionately higher t,'�an citywide averages. (p. 33) Regazding pioperty values: The study found that the inaease in values of commeidal propertY in "adultbusiness groups" were less than the inaease in compamble prog- eriies in 9 out of 14 case studies. Sisilazly, the inaeases invalues for res- idential �pcoperties "abutting the adult bvsiness blocks" wese less than the neigkiborhood avecage values in 10 out of 13 cases. (p� 5'1) The most dramaric evidence from the Denver study involves the license suspensions and revocations for adult businesses. Cleazly a number of these businesses have not been operated fully within the licensing law, although others have had no violations. Because many of the license vio- lations involve crimes, the incidents at the bvsinesses wi+h probleins may accovnt for the difference in crime reports between adult businesses and others. The impacts on property values, particulazly on residentia�values on abutting blocks, appear to be sigiuficant. Although this xeport does not esia'oiisn any signi`ricant new findings, it reinforces the u�duzos ��m studies in other cities and makes some important distinctions among types of adult businesses. Fort Worth The 1986 Fort Worth, Texas, study, "Documentation of Secondary Effects of Sexually Oriented Businesses;' includes laxge portions of othei studies as appendices, including those of Los Angeles, Phoenix, St. Paul, Detroit, Amarillo (Texas), Beaumont (Texas), Houston, and Indianapolis. What we found of interest is a comment made by a police captain in Forth Worth. These [sexually oriented] businesses have an effect on both neighbor- ing business and residential azeas by the elements they atfiact. The levels of aim3nal activity in azeas azound and neaz these adult estab- lishments aze dispzopoxiionately high compazed to azeas without such businesses. These businesses contribute to neighborhood decline by inaeasing � vicrrelated activities, such as pxostitution, obscerit}; violations, and publit lewdness. Open manifestation of prostiturion and incceased taffic of those seeldng their services is detrimental to neighboring xesidential azeas. [Sexually oriented bnsinesses in two specifically�ted neighbor- hoods] cause the concentration of these activities and aggravate the ¢ime rate in the azeas they aze locaEed. (p. 5) Indianapolis This often cited study, "Adult Entertainment Businesses in Indianapolis, An Analysis," was completed in 1984. It compared crime xates and "zeal 41 estate value appreciation' in six azeas that included sexually oriented businesses ("study areas") with six similaz areas that did not have such businesses ("control areas') and with Ehe dty as a whole. A summary of the study's findings indicates that: • the major crime rate in the sfudy areas was 23 percent higher than in fhe control azeas and 46 percent higher than in the police jurisdiction at large; • the "sex-related crime rate in the siudy areas was 46.4, or some SO percent higher Ehan the rate for the same crimes in the control azeas over the same period; • although the property values witFdn the study azeas were dis�nctly higher than those in the control azeas, those values appreciated at only one-haii tize rate oi tne concrol azeas' and one-third the rate of Centei Township [central Indianapolis] as a whole during the period 1979- 1982; and ^ twice as many houses were placed on the mazket aE substantially lower prices than wovld be expected had the study azea's market per- formance been typical for the period of time in question. This study also included responses from a narionai survey of appraisers wherein some 75 �ercent responding "feit that an adult bookstore located within one block would have a negative effect on the value of boEh residential and commerciai properties;' but that "at a dis- tance of three blocks" the iatpact of an aduit bookstore fell of shazply so that the impact was negligible on botFt residential and commercial" (p. 34). Tne repori inciuded iu�u s�jor I2Cvt?tutcRudiaOiS. 1. Adult entertainment businesses should be allowed to locate in azeas that are predominantly zoned for dishict-orienEed coznmercial entei- prises. 2. No adult entertauimenE businesses shwild be allowed to locate in areas that aze predominantly zoned for neighborhood-oriented com- mercial enterprises. 3. Each location eligible to house an adult business shouid require a spe- aal exception that, among other things, would ensure that develop- ment stafldazds to buffer and protect adjacenE property values wexe employed. 4. Aduit uses shovld not be allowed to locate within 500 feet of a resi- denrial, school, church, or pazk property line, nor witkun 500 feet of an established historic azea (p. iv). The survey of appraisers in this study is broad and important. The fact that the appraisers concluded that the impacts dimuiished substanfially over a reasonable distance (three blocks, or about 1,000 feet in most cities) enhances fihe credibility of the findings. Because the Indianapolis study is more sophisticated than several others, parEiculaziy in examining trends in property values and listings fox sale, the evidence is certaix�ly com- pelling as to the impacts of these businesses In considering the Indianapolis study, it is important to zeco�uze that Indianapolis has continued to allow these bwsinesses to exisE as uses by right in some major commercial zones (consistent with the findings of the city's study and 'the recommendations of the study). Chapter 3. Formai Studies 59 � �� '� ��; �. • . • 42 m • C� • Yau Atways Wanted ta Knaw ... New York Gity - FOP MORE INFO�MATION New York City's Departv-�ent of City Planning 1994 Advlt EnEertainment Th2 "Adult Enierfainment S!udy" S:udy made some interesting Specific Sndings. of ine Ciry o* Poew York (NOVember As regazds signage on sexually oriented businesses, staff coaduded the 1994j is av2ilzbi8 ior 35 at ;ollowing. t wwsv.ci.ryc.ny.usfntml/dco! � [T]he signage fo; the adssl: en:�'^TM'�� es:ablishmen� 's �'a`ar te�isucally at odds with that of other es:ablisktinents. Ln haL` of the study azeas, sio°nage foz Ehe adult uses occupies a grea.er percentage �.,, � �, ; ^ g � of storefront surface azea than any other commercial uses located ' 1 ' �i '�' `#• t _' ' _ within the same blockfroats.... �.i � On blockfronts in fou= of the sex s:udy areas, advlt vse sio age tends � to be illuminated when that of non-adult commerdal uses is not.... In half of the study azeas, o aphit material fox adult nse signage was I noted. For example, in [study azea], the outline of fhe female figure was a component of the adult use business sign. (p- 51) Their 5ndings abouE police responses to criminal complaints in azeas with sexually oriented businesses indicate that police officers, at least, do not nec- essazily correlate an increase in only adult uses with incr eases in czime. When the survey and control blockfronts weze tompared for crim- inal complaints and allegations, the officers generally did not link highet incidents with adult uses.... One officer stated thaY if morP adult entertainment establistiments were to locate in the study area, crime probably would increase. Howevec, thzt officer and another responded that more bars, movies or theaters or video/bookstozes of any kind would effectively increase crime in the study area. (p. 53) Responses from teal estate bxokers emphasized the importance of sep- azation distances and mmmented further on the notion of concenfration. It is significant that mote than 80 percent of the brokers responding (11 of 13) zeported that an adult entertainment establiskiment tends to decxease the mazket value of propezty t�'tat lies w'ithin S00 feet of it. When the distance is inaeased from between 500 to 1,000 feet of an aduit use, a majority of brokers (7 of 13) indicated that the same phr nomenon would occur. At 1,000 or more feet, less than 25 pezcent of the brokers (3 of 13) responded in this manner. The pattem of response was basically unchanged when the question refeaed to two adult uses (a concentation) instead of one. (p. 53) It mvst be noted thae the study's analysis of trends in assessed pxoperty values relative to the location of adult entertaixunent uses was inconclusive. In sum, the New Yoik City study is one of the most complete and detailed studies available. Most of the data appeazs tcansferable tb othu communi- ties facing similar issues. The responses of real estate brokess are consistent wi[h findings from the Indianapolis survey of appraisers and the Itochester svrvey of appraisers reported in this chapter. The crime Sndings aze gener- ally consistent with those from other communities, aithough it would have been helpfui to have the study addxess the issue of crime in areas with hi° concentrations of adult vses. Some commvnihes =egulate the si�age on adult businesses direcfly; this study shows the xesults where a community has inadequate si regulations in general or does not address the specific issues involved with signs on sexually oriented bvsinesses_ We make some recommendations conceming possible controls on signage (and the 1 aal limits of such controLs) in Chapter 5. 43 3. Forrnat SEudies 61 THE NEW YOpI( CITY AOULT ENtERTAINPAENT STIIDY r , '' . ��' a a_+ ,.. �y � '.. . � W e tovz:d New Yo*k City's "Adult Entertainment Study" o: o ea, interesf and vaiue because of the Iigh visibility o` the city's efforts to successfully addzess adul, uses in the nationrlly xecoo uzed azea oF'I $quaze as well ts oihec a�eas of the city. The ovecall findings and mnclusions of the dty's report, ex:rac.ed from the executive summar}; follow. Nume*ous studies in other localities found that zdult enter- tainmenc uses have ::ega�ve semndazy impacts, such as in¢eased ¢iaie rates, depredztion of pmperty values, deteri- oraGOn of community chazacter, and the quality of urban life. Thexe has been a mpid orowth in the number o` adult enrer- tainment uses in New York City. Befcveen 1984 and 1993, the numbex of such uses in¢eased from 131'.0 177. The number of videolbook stozes/peep shows almost tripled and theie was a 26 percenE in¢ease in topless/nude bazs. Adult theaters dedined by 52 percent. Adu1t entertzinment is moxe readily accessible in?VYC than it was ten yeazs ago Ihere aze more such establishmen5 in a gieater number of cosmiuuties. Adult videos aze produced in greater numben and a: lower msts. Cable television 1ws significantly in¢eased the availability of adult viewing ma:e- rial. Adutt saterial is a]so tvailable xt newsstands and book stores. Adult entertainment vses tend to con<entraie. The numb� of commuxuty distcicts with seven or moxe adult uses inaeased hom three to eight over t2ee ]ast tea yrars. Seventy-fxve per cent of the adult uses aze loca:ed in ten of the dty's 59 Co�muxuty Districts. In Maniiattan, adult uses ctuster in cen- trallaaaons, such as the Times Square azea. In the ot'�er bor- oughs, adult uses appeaz to cluster atong major velucular mutes, such as Queens Boulevzrd and Third Avenue in Brooklyn, tha: connect outer xeaches of the aty and subw-bs .c ;k:e :=.-tra1 �s�.�s 3ist^ic:. Studies ot adu1, entertalnment uses in x=eas where 4`�ey aze ktigtily concentrnted, such yc Times Squaze and Chelsea, iden- hfied a number of sigxuficant negative secondary impacts. In the Times Square area, property owners, theater opecaton, and other business peopie overwhelatingly believe tk�t their businesses aze advesely affected, pn analysis of cziminal complaints indicated a substantially fugher inrid¢ue of ais- inal ac�ivi;y in the Times Squaze azez where adulE uses aze most concenaated. In addition, t[;e study found that the mte oi in¢ease in assessed pxoperty values for study blocks vrith adutt uses �ew at a slowex mte ttian control blocks without adult uses. DCP's [The Department of CtyPlanning's] survep of azeas withtess dense concenira�ons of adulY vses fovnd few¢ mmpac+s tk�an the study of the Times Square azea Fiowever, msmvnity lea3�s expmssed mncems tkut adnit uses impact negntively on the com- munity and they strongly fear the potentiai results of pxolifemtion I'hesCon�!ruo tvez=c�ons!ozd+i!�:t�*an=e.tvsescome from xesiden5livuig neaz them. . ° 4 Vheiecespondentsindirntedduttheirbusinessesprneigh- borhoods had not yetbeen adversety affected by aduit vses, this typically occuxred in siudy amas vrith isolated adult uses. Moceovec, these same zesvondents typically stated tkiat an in¢ease in such nses would nega�velp impac: them. Community residentr fear the consequences of potental pzoliferation and concentration of adutt uses in tradition- ally neighboxhoodoxi¢ited shopping aze�s and view the appeazaace of one or more of t'�ese wses as a detexiomtion Sn tlie quality of issban lite. ° Mos. real estate bmkus report thaT advlt entertainment utabIishmentr aze puceived to negatively affect neazby pxoperty values and deaease mazket values. Eighty percent ot the bmkecs responding to the DCP survey indirated tlut an adult use wouLd kiave a negative impact on nearby prop- �:j :2�.:^5. T: • S GC:S:S:.°..^.: ::�:� L i��^.�°S G y"'..`� 2 similac national survey of xeal estate appmisen. • Adult use accessory bwiness signs aze genesally ]uger, more often illuminated, and gmpkuc (sezually-oriented) cospaxed vrith the signs of other nez*by commezdal uses. Commiutity residents view tkus signage as osst of keeping with neigh6ozhood chazacter and axe concemed about the exposure of urinoa ro sezual images. Newport News The Newport News, V'irginia, study, conducted by the city's Depaximent of Planning and Decelopment, published in Mazch 1996, consists of cita- tions of other adult use studies as well as some locai findings. One part of the analysis exauuned police calls to speeific establish- ments. Over a 20-month period, it found an average of 23 calls per adult entertainment estabLishment, 14 calls per nightclubs that did not feature adult entertainment, and two calls per adult book, merchan- dise, or video store. It then made a paired comparison between two adult entertainment establishments and two restaivanES that served liquor, finding a greater number of police calls per occupancy for the aduit entertainment establishments than for the.xestaurants. The study aLso paired two nightdubs with two other restaurants and found a highex iate of police calls per occupancy for the nightclubs ihan for the restaurants (pp. 8-10). The second part of the study compazed police czlIs and crime rates in gaired study azeas with and without adult businesses and found an increased crime rate in the azeas with adult businesses (pp.10-11). / 1 � • �� '62 EveryEhinQ You Aiways Wanfed to Know ... • � U r < < , - �, 'v � The 5ndino regazding police calls aze hazdlc surprising- The nature of the nightclub and live entertainment business is likely to attract more police- related pxobiems than a typical restaurant. The ;ind,ng; regazding police calls aze hazdly surprising- The nature of the nightduo and live entertauiment business is likely to aitract more police-related problems Ehan a typical restaurant. That is a reason for cau- tion in siting such esiablishments znd for cazeful patrolli. find- ings, however, provide little tha: is useful to other communities in dezling w rzail establishments and ofher businesses that do noc involve on- pxemises en.erainmen�. In the neighborhood comparisons of crime statistics, the city made a xea- sonable effort to control fox population variables, but it is not at all cleaz that the study conuolled foz other relevant variables (e.g., it is not cleaz that the contxol azeas Y�ad any entertainment bvsinesses likely to be open during the evening hours). FurEhermoxe, for some othex communifias, it willbe difficult to use this daYa becaiase it includes 14 adult entertainment es�ablislw�ents (all involvina live entertainment), nine nightclubs, and eight book and video stores. Without sepazating the uses with akohol and live enterEainaient from the more passive uses, ie is very difficult to draw conclusions from this study that aze useful to communities dealing primarily with establishmen+s where the only on-pLemises entertauunent consists of video-viewing boottis or in addressing those establishments "with less than a signiSc�nt or substantial portion of theii stock in trade" in adult materials. • Phoenix The Phoenix study, conduceed by the city planning department and pub- lished in May 1979, compazes crime rates in "control azeas" to ra4es of similaz crime in two paired azeas, one with a single adult business and the other with severai adult businesses. The study found "about 40 percent more property crimes and about the same rate of violent crimes per 1,000 persons in the Sfudy Areas [with sexually oriented businesses] as com- pazed io Yne Controi Arcas" (p. 8). Phoenix relied on this study in adopting its adult use ordinance, but the city no longer cites the study, and it is difficult to attach a great deal of sig- nificance to it. Although the study found a highet rate of sex crimes in the azeas azound the sexually oriented businesses than in the paired "control azeas;' it actually found a lower rate of violent crime in the azeas with sex businesses than in the paiued azeas. In fact, the diffexence in sex-xelated crimes was almost entirely explained by the incidence of "indecent expo- sure." That is ceZtainly a logical finding in an area with adult businesses, consistent with the expressed concems of some neighbors. St. Paul The St. Paul, Minnesota, study, "Effects on Surrounding Axea of Adult Entertainment Businesses in Saint Paul;' was conducted in 1978 by the City of Saint Paul Division of Planning, Depariment of Planning and Management, and the Community Crime Prevention Project of the Minnesota Crime Control Planning Boazd. It found that: Gicen the measui'es of neighbochood mndition chosen (crime rate and value of housing), the presence of adult entertainaient establish- -- , ments correlates statisflcally with pooi neighborhood condition. These businesses tend both to locate in areas of poorer resideniial con- dition and to be followed by a relative woxsening of the zesidential condition.(p.2) The study also found, however, that a proliferation of advlt entertain- ment businesses in an azea was associated with inereased effects on prop- erty values and crime rates. 45 One ox even tcvo adult entertainment businesses in an azea might not be assodz,ed with nb(iceable cliange, but ... two or more adult enter- tainment basinesses in an azea is assodated with a statistically signif- icant decrease in properry value. � Likewise, more thzn one adult enfertainaient business in an azea is zssocia.ed with a siatistically siomificant increase in ai.me rate. (p. 2) There are some serious limitations fo the St. Paul study. First, it is always important in a study that finds conelation to recognize thaE cone- lation does not demonstrate causation. There may be some third factor, not studied or not properly controlled, that both attracts adult businesses and leads to deterioxation. More unportant, however, is the definition of "adult entertaiiunent business` used in the study. Any alcoholseiving establishment, as well as adult bookstoces, aduit movie theatres, and saunas/massaa pazlors. (p. 2) Table 1, at page 10 of the report, actually found no statistical cozrela- tion between sexually oiiented businesses and "neighborhood qual- ity/deteiioration." There is one unportant lesson to be leamed from the St. Paul study— wncenfration of adult businesses of any type si�nificandy in¢eased the impacts. Because the siudy included bazs and cabazets as"adu1E busi- nesses;' this finding also applies to such businesses, but its broader appli- cation does not affect its :elevance to the sexually oriented businesses that aze the subjed of this report. Tucson The Tucson, Aiizona, study consists of tcvo sepazate parts, a memo from the Citizens Advisory Planning Committee addressed to the Mayox and City Council, dated May 14,1990, and a memo from an Assistant Chief of Police Yo the City Prosecutor, dated May 1, 1990. The citizens committee memo lazgely contains recommendations foi ordinance amendments, without factuai information to substantiate the reasons for those amend- ments. Because of that lack of factual content, we have chosen not to dis- cuss that portion of the study here. On page 2 of the police memo, on the other hand, we found two important findings worth mentioning here. l. The poLic2 fovnd repeated violations of a variety of laws at some establishments. 2. Inspecting the video-viewing booths produced two sets of liquid sam- ples from the floors of the booths, with 81 percent of one set of sam- ples and 96 percent of the other set of samples testing posifive for semen. The finding that the video-viewing boot�s are used for masturbation or otliei sex acts that leave semen residue on the floors of the booths could prove a useful one for cities atEempting to draft purpose statements for any regulations goveming those particulaz activities at sexually oriented bvsinesses. Whittier The 1994 Whittier, Califomia, report on adult business regutations included a pair of recommended ordinances, a copy of an ordinance that had been struck down by the federal courts in Wainut ProperKes, 2nc. a. 3. Farmal Studies 63 :� � Y � 1 t,.� .uw !� �:� ��. The finding that the video-viewing booths are used for masturbation or othez sex acts that leave semen residue on the floors of the booths could prove a useful one for cities attempting to draft purpose statements for any r aQUlations goveming those particular activities at sexually oriented businesses. � / 1 �J • .� 6? Everything You Always Wanted :o Know ... . r � � J � �� — .:. One veiy i.-nportant finding was that the azea wiEh six sexually oriented businesses had a significantly higher rate of turnover of residents in the neighborhood than 8:.y. �the; �°dS� ::.:�:1'�..IP`� those with fewer sexually oriented businesses. City of Whittier, 808 F.2d 1331 (9th Cix. 1986), cert. denied, 490 U.S. 1006 (1959), and the 1978 staff report that had supported the adopflon o: that eazlier oxdinance. The 1978 study inwlved a sta:f comparison of the area with the largest concentration oi aduli businesses to an azea similaz in land-use pattems but w-ithou: advl� busi�ess=s. Here aze some facts about and findings from the 1978 s:udy. • There were 13 sepazately identified adult businesses in the city at thai time. • Of those, six wexe "model studios;' fout wese massaae paslors, one was a theaces, and there were two book stores. • All but the theater and one massage parlor were located between 1pj29 Whi ue: B:vd. and 1153: Whi:tier Blvd. (pp. 1-2) The findings were mixed, showing, for example: • an increase in owner-occupancy of dwelling vnits in the area with the aduit businesses; • a decrease in business vacancies in the azea with the adult businesses; a a higher rate of tumover of residential units in the azea with the adult businesses than in the control azea; and m a significantly higher rate of increase of crime in the area with the adult businesses than in the city as a whole (pp- 4-5). One very important finding was thaE the azeawiflrsix sexually oriented businesses had a sigirificantly higher rate of tumover of residents in the i hhprhnp.l 4han an�r n+ha� �oac� inrli�A�no ±hnca tnri4h fcs.N�T S?p�all�� no_o"., —., oriented businesses (p. 8). Whittier also responded in its 1994 ordinance to a special problem that affects the implementation of separation requirements• T'he vast majority of the commercial properties in the City of 4Vhitties are xelatively narrow or shallow, and most abut residential pioperties or aze sepazated from res- idential ox public uses, such as pazks and schooLs, by on the width of the street or alley. Thus, a sepazation requirement measured in a straight line might eliminate most commercial sites from consideration, raising site availability issues (discussed in Chapter 5). As a xesult, the 1994 ordinance based measuxements on distances along street zight-of-way lines as an approximation of pedestrian routes, meaning that an adult vse facing on one street might be several hUndred feet from a residence directly behind it; in 1999, however, the city autended the ordinance and went back to using straight-line measurements from pxoperty line to property line. In considering the findings from this study, it is important to note that mose (11 of 13) of the businesses in the study had on-premises entertainment or othu activities, and that nine of those involved live interaction with patrons; the enterEainment activity without live irneraction was a movie the- ater, and the other two esiablishments wese bookstoxes. Although this data would be useful to another commnnity with a heavy clustering of uses wi+h on-premises entertainment, it is l�ard to apply to communities wifh more dispeised vses oz with a differen{ mix of uses. Compounding the problem are the subsequent findings +hat many of the establishments in the study involved prostitution and were successfully closed under a"red-light abate- ment" oi�ce even after the federal court (in Wa7nut Praper[ies) struck down the dty's ordinance regulating adult bvsinesses• It is possible that most or all of the negative impacts found in the VJhittier Study could be 47 3. Formal Stucties 65 attributed to the businesses with illegal activity, in which case it would show �-, nottuna about lawful adult businesses, which aze the focus of this report; af ',�� _ 'ti' � besi, i{ y� y�Possibie to sepazate the appazent impacts of the iuilawful busi- nesses from that related to the iawful ones, which makes it difficulE to vse _ t4e data in other communities. ' " I FINdiNGS There is direct evidence from the collective sfudies to supporE the tollow- ing findings. 1. Real estate professionals believe that there is a sigzviicant negative impact of sexually oriented businesses and other adult-related enter- tainment businesses (such as bars with live entertainuient) on both residential and business properties within 500 feet of those types of businesses. The impacts are less sioonificani if the separation betweea thz studied use and the other use is 500 to 1,000 feet. Beyond 1,000 feet, there may be some impacf, but beyond 2,500 feef fhere is no basis for believing that there will be any impact on properEy values. (See the studies from Rochester, Indianapolis, and New York City; these is also some supporting data from Denver.) 2. The greatest impacts on property values are on other propezties on Ehe same block. (See the Denver and Rochester studies.) 3. The impacts on property values aze greater on residential properties than nonresidential properties. (See the Rochester and Indianapolis studies.) 4. The studies showing the most sie�nificant impacts of sexually oriented businesses on neighborhoods involved significant numbers of busi- nesses With Jiv2 eiliEii3inmEnt andi Gi u'u'cC`. ;:�:2:2C�C^, i� o e z: . 00r patrons and eneertainers or other employees. (See the Newport News, St. Pau1, and 4VhitCier studies.) 5. There is a lower correiation of crime incidents with retail sexually ori- ented businesses Ehan with those that involve on-premises entertain- ment of any kind. (See the Denver study.) 6. Tne Tucson study found sperm samples on the floors and walls of almost all video-viewing booths that police inspected. 7. Although there is some evidence of an increase in aiuie, p�Tticalarly azound concentrations of sexually oriented businesses (see the Phoenix, Denver, Indianapolis, VJhittier, and St. Paul studies), the increase is not necessarily in violent crimes (see the Phoenix and Denver studies). 8. The pattems of increased criuunal activities related to sexually ori- ented businesses appeaz similar to, or in some studies are indistin- guishable from, pattems of inaeased Qiminal activities related to bazs, nightclubs, and othes adult-oriented entertainment enterprises, including those who do not have sexually oriented entertainuient. (See the St. Paul and Newport News studies.) 9. At least one very thorough study reached no cleaz conclusion regazd- ing a relationship between seaually oriented businesses and criminal activity. (See the New York City study.) 10. At least two cities that studied the issue cleazly had prostitution flour- ishing in some adult businesses (see the Denver and Whittier studies), but also see "Lessons Learned" below. � The studies showing the most sia uficant impacts of sexually oriented businesses on neighborhoods involved significant numbers of businesses with live w 1-o_!a_inmont �RCj./C1I dlLeCt interaction between patrons and enteriainers ox other employees. • � � j F - � � • O N U R O y N �� U O oa C �' O 0 N � � U � "� Fr a � � � w -a iG � � � � h � � L" .� .'� � w 0 � � L y r � • �Y+ (� W iU � F � i F I�I ^3 S"� L '� y �"' (� 7 F Q N d Y O O N O a" L O Sti L L � W� �� N � 0 •� Y O L y �� S' N .'7d�-7 �� o � � � a � -o $ " m � 8 � E Q W�� ❑w��p 3 �°., y � ° _ �'d = c�i � :: c0 cC 7� r.. -p W O V ,,, � O,,,, r � � � v ,�•� w o cs. �;; = � � ` '"- ° 0 3 � o .� � � �, o � � � � � o � 3 aWd � o �-aa� �.� o Q� o„o o�°� i°' .� U, o z. a�`�,, '� 0 7 s., � o� o s. 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'f�' � O � �p O v�i W '� � o a� u W T P" o a� .� ' m �>+ �e ... y � A •B y 'ri� O v�y y d �t'' * m� � F Q ~ a ° .a � v, � a� � a v a�i � C7 *� C7 � W� �.a� � �, X �> j�E T �C7 >, r,zl � ..1 � � � � y W y � ..�] d o F o .°� °'c �c •?� ;° A � �;v �3 � .� v ca -o c� a� o� 33 °' o s� R ��Z F-�7 f�.. rn Q',7 c'�d� c .T.>C7>� w v��w d c 0 V � � � � _ ; � � e � a 3 � � c 3 3 � y � 0 � a 0 � � � O T W > 9 1. � y � a a � o � �w A�� o � y � o � c a a c�i m � � ia.� � � � . e� . i� C,� � :- � � 0 N � � U � � 0 s. a � r � "'� � �+ .� � � � � � C .� � � O 6) i � � F d� Q arr.� F� Q� I� Q � � d �az� 3� C7 'J "" F e�" 0 -/. w adw o ,� � ''� a o F p � OQ Q a d �� F � W Q V 1�4 � OA N � � A � � O o�w paz w� Qo >z L > O V E 0 0 O � O y O � � N � N n O �� E � o i o � � � s�.. � � � G � � � � o �o 0 cn N � ,� O N cp �p � � � � 3 �3 � � ¢' L�' c .., C ' 1�' � � 3 � .' � ,= > V] .� � .� � � � � � 7 01 .-� N y O W �3 ��.. � ir O N 0 w � .� � � s: o� � � U � tC � fi G C .� � t�d � � O,O 4 0 �, �+ O U O y ° v v �o +' C .� [a C � � � � y � � 3 � > � o o '� s�. o � � � �' N U � ctl r�il a ' J � � � ir y N y 2^n '� i.�i � y O 'C ` �C 'O O y � � z > Q a'�..� Q� y bA .�. � � � > ; ¢ v� � � 0 � U � i � . � 6 c .� � I � > T O q -� U � m _ n °� v n � � J n 3 Z o ,O c .� o � \ � N U � O G y U � X - � � � � � � � � � �- � � � O t"' O � N ry C y v � `° ° C' � a G �v v , d 6 �_ 'in � L i � U d _ 0 � � � a � � y A � E � � � ° g `° 0 � � 0 m ,3 � V O ` 4� V 9 � � y � a c � E � � � �w �� s Ay �� =o,� �� s v v e � a � R � � "�n " � y i } • • 50 Appendix G ^`'� Summarv of Adult Use Regulations in Other Cities • CITY OF BLOOMINTON, MINNESOTA Defines an Adult Book Store as an establishment that has 40 percent or greater of its current store stock in merchandise, videos, books, magazines, and/or other periodicals which aze distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical azeas" (Bloomington City Code, Section 19.83). CITY OF MANKATO, MINNESOTA Mankato defines adult businesses as either accessory or principle adult uses. Sexually oriented businesses defined as accessory have less than 10 percent or less of its stock in trade or floor azea for adult merchandise or uses; or 20 percent or less of its gross receipts derived from movie rentals or magazine sales. Principle adult uses have more than 10 percent of their stock in trade or floor azea for adult uses or merchandise; or more than 20 percent of its gross receipts derived from any adult use (Mankato City Code, Sea 10.83 (B & C). CITY OF MINNEAPOLIS, MINNESOTA Minneapolis defines adult book and video stores as an establishment having a substantial • or significant portion of its stock in trade for sale, rental or display, books, magazines, periodicals, films, videos, digital video disks, slides, or other media, which aze distinguished or characterized by an emphasis on matters depicting, describing or relating to nudity, sexual conduct, sexual excitement or sadomasochism, or an establishment with a segment or section devoted to the sale rental or display azea of such material which comprises fifteen 15 percent or more of the total sale, rental or display area of such establishment, or five hundred 500 squaze feet, whichever is less. An adults-only bookstore or video store also shall include an establishxnent that offers films, videos, digital video disks, slides or similar media for viewing on premises (Minneapolis Zoning Code, Sec. 549370). CITY OF CINCINNATI, OHIO The City of Cincinnati defines as adult book, video and novelty stores as a commercial establishment which has a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale or rental for any form of consideration of any one or more of the following: (a) Books, magazines, periodicals, or other printed matter, or photographs, Films, motion pictures, video cassettes, compact discs, slides, or other visual representations which are distinguished or characterized by an � emphasis on e�ibiting or displaying "specified sexual activities" or specified anatomical areas"; 51 Appendix G ^ � (b) Instntments, devices, or pazaphernalia which aze designed for use or '" mazketed primarily for stimulation of human genital organs or for • sadomasochistic use or abuse of self or others (Cincinna6 Zoning Code, ` Sec. 899-1-A1). CITY OF EDINA, MINNESOTA Edina defines adult bookstore as An establishxnent or business which barters, rents or sells items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film and either alone or when combined with Adult Motion Picture RentaI or Sales and Adult Noveity Sales within the same business premises has either 10 percent or more of its stock in trade or 10 percent or more of its floor azea containing items which are distinguished or chazacterized by an emphasis on the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. (Edina City Codes, Section 850.03). CITY OF FRIDLEY, MINNESOTA Adult Bookstores aze defined as an establishment which excludes minors or which has a substantial portion of its stock in trade or stock on display books, magazines, films, videotape, or other media which aze characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical azeas" (Fridley City Code, 125.02 (A). • • 52 Append� G Confinued �LJ � ' �t � !� • Separation Requirements for Adult Uses and Protected Uses Jurisdicfion From From a Park, Fro� a Another Sexuall� Residential School, or House of Orientated Uses (in Day Care Worship (in Business feet) Facility (in feet) feet Fridle , MN 500 1,000 1,000 I,000 Cincinnati, OH 1,000 1,000 1,000 1,000 St. Paul, MN 400 / 800* 200 / 400* 200 / 400* 1,320 / 2,640* Mankato, MN 350 350 350 350 Roseville, MN 1,320 1,320 1,320 1,320 Minneapolis, MN 1,000 500 500 One Adult Use Per Block Face St. Louis, MO 500 500 500 1,000 Kansas City, MO 1,000 1,000 1,000 1,500 Nashville, TN 500 500 500 150 Lansing, MI 300 300 300 1,000 Des Moines,IA 750 750 750 750 Columbus, OH 250 250 250 250 • Sea 127.05 Fridley Ciry Code Sec. 1419-25 Cincinnati Zoning Code Sec. 65.662 St. Paul Zoning Code * Shorter distances aze for powntown zones Sec. 10.64 (B) Mankato Zoning Code Sec. ] 017.03 Roseville City Code Sec. 549350 (a, b) Minneapolis Zoning Code Chapter 26.72 St. Louis City Code Sec. 80.156 Kansas Ciry Code Sec. 1736260 Nashville City Code Sec. 1296.01 Lansing Zoning Code Sec. 134-953 Des Moines City Code Columbus City Code • Source: PED and Council Reseazch staff conducted ordinance research through phone calls and intemet searches in April 2005. 53 76 Everything You Always Wanfed to Know .. � �1 �1 � TABLE 4-4. SEPARATION REOU7REMENTS FOR ADULT USES AND PROTECTEO USES From a Park, '. � Fmm Other Fmm School, or Oay €ram a Adult Ilses Residential Uses Care Facility House of INOrship � Jurisdiction (in feet)* (in feetj* (in feet)` (in feet)` Atlanta, 6eorgia� 1,000 from 2"' 500 1,000 1,000 Austin,Texasz 1,000 1,000 1,000 1,000 Chadotte, North Camlina 500 and 1,000 7,000 and 1,500 1,000 and1,500 1,000 and1,500 Cmcinnati, Ohio �,�00 1,000 1,000 1,000 Cleveland, Ohio 1,000 1,000 1,000 1,000 Denver, Colorados 7,000 from 2'* 500 500 500 Fort Worth, Texas 1,000 1,000 1,000 1,000 indianapolis, indiana 500 from 2"' 50� 500 500 Louisvilie, Kentucky 500 1,000 400 400 Manatee Counry, Floridas 1,000 500 Z,000 2,500 Minneapolis, Minnesota� NIA 1,000 500 500 Newport News, Virginiae 500 500 500 500 New York, New York 500 500 500 500 Okiahoma CiTj, Oklahoma�� 1.000 500 500 500 Phoenix, Arizona 1,000 500 500 N/A Portland, Oregon N/A N/A N/A N/A Saint Paui, Minnesota�� 2,640 and1,320 800 and 400 400 and 200 400 and 200 San Diego, Califomia 1,000 1,000 1,000 1,000 Seattle, Washington N/A N/A 300 NIA Tucson, Arizona 1,000 1,000 1,000 1,000 Whittier, California 250 250 500 N�A Nores ' Where nvo numbexs are provided, the sepazation requirement vazies by zone ""x,000 from 2" meaz�s ""x,000 feet from any nvo other such busmesses.'" 1. Aflanta requsses a sepazation distance of 2,000 feet from parks, schods, day caxe ceniers, and churches if the estab- lishment serves almhot 2In Ausnn, a 1,000-foot separahon is reqwred �f 50 percent or more of lots w�tlun 1,000 feet aze "zoned or used for residenhalpurposes." 3 In Charlom, an aduli bookstoxe or adult suu mohon pic[uxe theatre sust be sepazated by at ]east 1,500 feet from any protected use and 1,C00 feet from othez adalt esiablishmenis. Othec adult establishments (li�e entertainmmt and adult movie theatus) mvst be sepazated by' at least 1,000 feet from protected uses and 500 feet fron similaz adult usPS. 4 Cleceland ako requires a 1,000-foot separanon firom billiard kta11s, pinball/�ndeo arcades, and tra�mng faalities for penons w�th mental or physical dsabilities 5. In Dmver, a 125-foot separahon distance is requvred from a pedestrian or �ansit mall. 6 Manatee County reqnues a 2S00-foot separation for schools. 7. MmneapoLs proMbits adwt use on any property �+nth rts main pubHc entrance on Kirollet (the trazvsit mall duough dovantown NLnneapoL•s). 8 Newport Ne�n�s esta6Lshes standards for "adult no�'elty shops" that require ai least a 7,000-foot sepazatron (mea- sured from e+all of building ro property 1u�e of other use) from a house of cvorship, public or prn�ate school, public or private pazk or playground, nublic hbrary or land zoned o: used for tesidential pucposes. 9 New Yoxk Ciry does not permit an adult use ui zomng dvstricls thzt pecaut resid�tial dwellings e�thex by nght or special pemut. Parks aze not a protected use 10 Oklahoma Gty requires nove2ty sMres to haoe a 1,D00-Fcot separahon £rom protected uses. Il Samt Paul has different separatron requuemenrs based on the zomng district �vhere the ese �s located (Central Eusmess Dishict requires less separation). 12 San Diego also reqwres separahon from sodal sen�ce insatunoz�s. 13 Seattle reqwres "peepshows" to be separated 300 feet from a pubUc school. � :� � . • 54 u � � N M F7 O b0 C .� R d � � G � +„ , R � d � ; >' p � L � C � � G y O h W i�.n R � +.+ `" O w � 0 � � s. 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"I. r.0 O Rt � a� '6 [ �� r •~ II U y y � p � V�l y O� LO,i O p d G." .fl U� w y �� O Li � y � L� � ��` L y7 C1 � y CQ Rr n V y a' C6 '� � C" R vi � V � rn 7 � R �� O O �'D � C/1 y .� � R�� +' a f' • � � Q�j • h O . � u '� h r�a � � � V ' i � . y C.J 6� 'CS v m y � s s: � O �..fl " ft0 y"' R � O " � E� y CC z/1�'E-�� c�n c.� m "�� c � a�i.� U 3_°. .--. �..� O ry � � "� s-t � M e-1 JO f k p S µ� � :J � � v � � a � 3 va 0 N � M � � .� � .� � U A � T 'C ..�-� � bD G .� N � � .� Q) W '� � N �-�-� i Q � � cs � � � � ,, 1 u • Appendix I Adult Entertainment Maps � . J • March 7, 2005 Alternative A Citvwide: Citv Council 1995 Dzfinition: 1�% or 150 sq. ft. Business to business: 2,640 ft. Buffer from residential zones: 800 ft. Buffer from protected uses: 400 ft. Alternative A Downtown• Citv Council 1995 Definition: 15% or 15C sq. f�. Business to business: 1,320 ft. Buffer from residenrial zones: 400 ft. Buffer from protected uses: 200 ft. Alternative B Citvwide• Plannin� Commission 1995 Definition: 15% or 300 sq. ft. Business to business: 2,640 ft. Buffer from residential zones: 800 ft. Buffer from protected uses: 400 ft. • Alternative B Downtown• Plannin� Commission 1995 Dennition: i 5% or 3v"v sq. £t• Business to business: 1,320 ft. Buffer from residentiai zones: 400 ft. Buffer from protected uses: 200 ft. Alternative C Ci�wide Citv Staff Recommendation 2005 Definition: 15% or 300 sq. ft. Business to business: 1,000 ft. Buffer from residential zones: 500 ft. Buffer from protected uses: 500 ft. Alternative C Downtown: Ci 5taff Recommendation 2005 Definition: 15% or 300 sq. ft. Business to business: 500 ft. Buffer from residential zones: 250 ft. Buffer from protected uses: 250 ft. (There is also alternative C-1 Downtown that uses the city wide distances: 1,000 ft. business to business and 500 ft. from residential zones and protected uses.) • 59 Alternative D Citvwide• Staff Recommendation But With IS Stores� Defmihon: 15% or 150 sq. ft. Business to business: 1,000 ft. Buffer from residentiai zones: �00 ft. Buffer from protected uses: 500 ft. y � Alternative D Downtown: Staff Recommendation But With 15 Stores Definition: 15% or 150 sq. ft. Business to business: 500 ft. Buffer from residential zones: 250 ft. Buffer from protected uses: 250 ft. Alterlative E Citvwide• Staff Recommendation But ti 2 640' Spacing Defuuhon: 15% or 300 sq. ft. Business to business: 2,640 ft. Buffer from residential zones: 500 ft. Buffer from protected uses: 500 ft. Alternative E Downtown: Staff Recommendation But With 1 320' S acin Definition: 15% or 300 sq. ft. Business to business: 1,320 ft. Buffer from residential zones: 250 ft. 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' `� 05—�OCi , , . �, •_, ;�� , y�''•. � y d6 � �"w z �� ' �a � �': 3l \ � .. / , ;� / / � ox N 0 � N � N N i' � s �d H N N � 3 N N �3 'p � d C r � N � 0 e � m O � 9 N a O � � C tli O O O N�,_ d C � N N N J 3 3 Q m m m \� \\ APPENDTXI AIDULT ENTERTAINMENT REGULAT'IONS City Staff Recommendations, Apri17, 2005 7 9 Sec. 65.661. Adult use. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Division 6. 65.660. Adult Entertaiiunent 0��0� � Adult uses include the uses defined below and other premises, enterprises, businesses or places open to some or all members of the public at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical azeas" which aze capable of being seen by members of the public. No obscene work sha11 be allowed. Sec 65.662. Adult bookstore. A building or part ofa building used forthe barter, rental or sale of a significant portion of items consisting of (}} devices, arpazaphernalia� „ �� >" printed matter, pictures, slides, records, audio tape, videotape, motionpicture film, gr-CD ROMs or other dieital recordines or ansther anv other form of recording if such items aze distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical azeas." "Significant portion ofitems" shall-mean more than fifteen (15) percent of usable floor azea or more than �d��ee hundred 300) square feet of floor area ased for the display and barter, rental or sales of such items. No obscene work shall be allowed. Standards and conditions: (a) � (c) In B3 Business and I1-I2 Industrial Districts the adult bookstore shall be located at least one thousand 1.000 ' feet from any other adult use in any municipaliry, and in B4-BS Business Districts the adult bookstore shall be located at least five hundred (500) , feet from any other adult use inanp �ity, measured in a straight line from the closest points of the property lines of the buildings in which the adult uses are located. In B3 Business and I1-I2 Industrial Districts the adult bookstore shall be located at least five hundred 500 ' feet from any residentially zoned ro e ' P P rh'�alifiy, and in B4-BS Business Districts the adult bookstore shall be located at least two hundred fiRv 250 �drec� {#96j feet from any residential property ia-anp mmmrieip�it�, �easured in a straight line from the closest point of the property line of the building in which the adult bookstore is located to the closest residentially zoned properry line. In B3 Business and Il-I2Industrial Districts the adult bookstore sha11 be located at least five £oar hundred 500 feet from anyprotected use. In B4-BS Business Districts the adult bookstore shall be located at least two hundred fiftv 250 {z6�}feet from any protected use. "Protected use" shall be defined as a residenrial building in a nonresidential zoning districts a mixed commercial residential buildin a day care center, where such day care center is a principal use; a house of worship; a public library; a school (public, pazochial orprivate elementary, junior high orlugh schooi); a public regional park or pazkway, public park, pubiic recreation center or public specialized recreation facility as identified in the pazks and recreation element ofthe Saint Paul Comprehensive Plan; a fire station; a community residential facility; a an emer�encv housin facil� or a hotel/motel. The distance shall be measured in a straight line from the closest point of the properiy line of the building in which the adult bookstore is located to the closest point of the properry line of the � • 72 49 50 � 51� 52 5 � � 55 56 �7 58 59 60 61 63 64 65 66 67 (ed) �� building in which is located an aforementioned protected use. "� ��, _ . _ _ ' __.__•r.t.._ .- .. . - . .:��..• :.. .. .: : . . . . ... :.. .•:, . . .:. .� . •. ..: . .:: . ..: .:. . . • .... ': . . - � . . : :.. . .., . , . . �•.. . ..... . , . � • �� • �r:' �ini •' i� - i • i i i m i n n i i � i i - i �- i i i • . • � i iv � � �• • • I Y • �� / � • � �� • , :.... • . ... .. . . .. .. . :.. . .. • • i�� r:' i •� .. :. . , . .. .. . .. : .. . :.. . . .:. = . .. . .. . . . �:.: :. . : . . . :. :.:. . :. . .. • . , . . . ,:. • . :. . ._ :�. : =..: ..: . . . . .. . . .. - . .. . . .. i�A7 � i . . : :. :... :. :.. .. ..: . » [This provision has neverbeen used and it is impiausible that it ever would be used. The petition requiremenu exceed other similaz petition requirements in the code and appeaz discriminatory. Staff recommends deleting it) Ail signs shall comply with Chapter 64 of the zoning code and w Chapters 274 and 275 of the Saint Paul Legislative Code. No person shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in the adult bookstore which is prohibited by any ordinance of the City of Saint paul, the laws of the State of Minnesota, or the United States of America. Nothing in this section shall be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or ordinances, including, but not 1'united to, statutes or ordinances prohibiting the e�ibition, sale or distribution of obscene material generally or the exhibition, sale or distribution of specified materials to minors. No obscene work shall be allowed. The special condition use permit for the adult bookstore shall be reviewed annually to ensure that no change in use occurs and that no additional adult uses aze added to the building containing the adult bookstore. The adult bookstore is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least one thousand 1 000 � - � feetapartinB3BusinessandIl-I2IndustriaiDistricts,andatleastfivehundred �00 anetha� , feet apart in B4-BS Business Districts. The adult bookstore shall not be located within a building also used for residential purposes. 68 69 70 71 72 73 74 (�fl ��a� 78 79 80 81 (ih) 82 83 34 85 86 87 88 89 90 91 92 93 94 95 96 • Sec. 65.663. Adult cabaret. A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age, or if such dancing or other live entertainment is distinguished or chazacterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas." No obscene work shall be allowed. Standards and conditions: Adult cabazets shatl be subject to the same standazds and conditions listed above in section 65.662 for adult bookstores, with the substitution of the phrase "adult cabazet" for the phrase "adult bookstore" wherever it appears. The adult cabazet is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least one thousand (1 0001 � , feet apart in B3 Business and I1-I2 Industrial Districts, and at least five hundred (5001 , feet apart in B4 and BS Districts. 5ec. 65.664. Adu18 conversation/rap parlor. A conversation/rap pazlor which excludes minors by reason of age, or which provides the service of 73 98 engaging in or listening to conversation, talk or discussion, ifsuch service is distiriguished or chazacterized 99 by an emphasis on "specified sexual activities" or "specified anatomical azeas." No obscene work shall 100 be allowed. 101 102 103 104 105 106 I07 108 109 Standards and conditions.• °` �� ' � Adu1t conversationlrap parlors shall be subject to the sazne standazds and conditions listed above in section 6�.662 for adult bookstores, with the substitufion of the phrase "adult conversation(rap , pazlor" for the phrase "aduit bookstore" wherever it appeazs. The adult conversation/rap pazlor is considered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least one thousand � 1000 {�6�$}feet apart in B3 Business and Il-I2Industrial Districts, and at least_five hundred f5001 feet apart in $4-BS Business Districts. ' I 10 Sec. 65.665. Adult health/sport club. 111 112 113 114 ll5 116 117 118 119 120 121 122 123 124 1L> 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 A health/sport club which excludes minors by reason of age, or if such club is distinguished or chazacterized by an emphasis on "specified sexual activities" or "specified anatomical azeas." No obscene work shall be allowed. Standards and conditions: Adult healthlsports clubs shall be subject to the same standards and conditions listed above in section 65.662 for adult bookstores, with the subsritution of the phrase "adult health/sports club" for the phrase "adult bookstore" wherever it appeazs. The adult health/sports club is considered to be one (1) use. No two (2) adult uses can be in the same building butmust be spaced at least one thousand (1.0001 ' feet apart in B3 Business and Il-I2 Industrial Distric;s, and at least five hundred (5001 , feet apart in B4-$5 Business Districts. ' Sec. 65.666. Adult massage parlor. • A massage pazlor which restricts minors by reason of age, or which provides the service of "massage," if sucn service is distinb isned or characterized'oy an empnasis on "specined sexuai activities" or "specified anatomical areas." No obscene work shall be allowed. Standarcls anc[ conditions: Adult massage pazlors shall be subjectto the same standazds and conditions listed above in section 65.662 for aduit bookstores, with the substitution of the phrase "adult massage pazlor" for the phrase "adult bookstore" wherever it appears. The adult massage parlor is considered to be one (1) use. No two (2) adult uses can be in The same building but must be spaced at least one tfiousand 1.000 ' , feet apart in B3 Business and I1-I2 Industrial Districts, and at least five hundred (5001 feet apart in B4-BS Business Districts. ' Sec. 65.667. Adult min9-motion picture theater. A buitding or portion of a building with a capacity for less than fifty (50) persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or chazacterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical azeas° for observation by patrons therein. No obscene work shall be alIowed. Standards and conditions: Adult mini-motion picture theaters shall be subject to the same standards and conditions listed above in section 65.662 for adult bookstores, with the substitution of the phrase "adult mini-motion picture theater" forthe phrase "adultbookstore" wherever it appeazs. The adultmini-motion picture � 74 � � theater is considered to be one (1) use. No two (2) adult uses can be in the same b feet apart B3 be spaced at least one thousand 1.000 ' Business and Il -I2Industrial Districts, and at least five hunci�'ed (5001 art in B4-B� Business Districts. ,,,, � ,;� 19 trocerr�8�feet ap ' a - . Y :, � x >0� _ _ 51 c. 65.668. Adult morion picture theater. �2 A building or portion of a bui l d i ng w i t h a c a p a c i t y o f fi f t y (�0) or more persons used for presenting 53 material if such building or portion of a building as a prevailing practice excludes minors by virtue of age, 54 or if such material is distina ished or characterized by an emphasis on the depiction or description of 55 "specified sexual activities" or "specified anatomical azeas" for observationbypatrons therein. No obscene 56 work shall be allowed. _ 57 Standards and conditions: i 58 Adult motion picture theaters shall be subjectto the same standazds and conditions listed above in {59 section 6�.662 for adult bookstores, with the substitution of the phrase "adult motion picture 160 theater for the phrase "adult bookstore" wherever it appears. The adult motion picture theater is 161 considered to be one (1) use. No two (2) adult uses can be in the sam f et ap bn B3 Busness and 162 at least one tho_ usand (1��1 163 Il-I2 Industrial Districts, and at least five hundred f500) 164 �}�feet apart in B4-BS Business Districts. 165 166 Sec. 65.669. Adult steam room/bathhouse facility. 167 A building or portion of a building used for providing a steam bath or heaY bathing room used for the 168 purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or 169 reducing agent, if such building or portion of a building restricts minors by reason of age or if the service 170 provided by the steam room/bathhouse facility is distinguished or chazacterized by an emphasis on 17 "specified sexual activities" or "specified anatomical azeas." No obscene work shall be allowed. � Standards and conditions: l aduit steam rooRV oatnnouse iaciiities suaii oe subjeci io t'ne same siandazds and conditions listed 174 above in section 65.662 for adult bookstoreij � o s ore' it a peaz The aduit steam 175 176 177 178 179 180 181 182 183 184 18> 186 187 188 189 190 191 192 � room/bathhouse facihty 2or the phrase aau roomlbathhouse facility is eonsidered to be one (1) use. No two (2) adult uses can be in the same building but must be spaced at least one thousand 1.000 feet apart in B3 Business and I l-I2Industrial Districts, and at least five hun� ��rt� f}3�$�feet apart in B4-BS Business Districts• Sec. 65.670. Adult use, general. en to some or all members of A premises, enterprise, business or place, not specifically defined above, op the public at or which there is an emphasis on the gresentation, display, depiction or description of "specified sexual activities" or "specified anatomicai azeas" �'hich aze capable of being seen by members of the public. No obscene work shall be allowed. Standards and conditions: General adult uses shall be subject to the same standazds and conditions listed above in section 6�.662 for adult bookstores, with the substitution of the phrase "general adult use" for the phrase "adultbookstoFa" wherever it appeazs. The general adult use is considered to be one (1) use. No two (2) adult uses can be in the same buiiding but must be spaced at least one thousand 1.000 twr� feet apart in B3 Business and I1-I2 Industrial Districts, and at least five hundred (5� {��}feet apart in B4-BS Business Districts. 75 The fo[Zowing amendmenfs are in Chapter 62 of the Zoning Code, wliich dea[s with nonconforming uses. ,� --,, �� Sec. 62.110. Nonconforming adult bookstores. . � - . . .:-.�� -°r .. : . . . . : . ... .• . :.: . ... • :. . . ;�_ . : :. ... •. .. . .. . . . . �. . . � . . . : =... ... . .. :. . . . . = . ... .:. '. •: . .. - . . ,= ..... . . .. . :. ... . • � . . .. . :.. ... . : ' . .. :.. . . ......_ . � . : �:wi :• - - � i - � i i: •�• :�� i �K •' • :� i •- • ' • � � � i i : � n i • � � • • � n n' i •• - � w i . � � - i :� - i - - � • = � � - :� - � -� � • :� • • � • - - � � - � � ' • . • • . _ " • �• :w i' i � . - • . .� i - i •- ii :� • � :•"•ni •�i �- - - •• - - • •�w� :qi ii i .� i ii'i� � �i. :wi :• n •�• • •�-�- � • : � • :� :� � : • • �� i • • i i i • i - :� i - t � • - - . � i.• i ��, i - :� • - i n - i :� - i :��n = " • ' _ � • ' i � _ _ _ • � - i � :� i in � - � �� •• • � � - t ' � ' • � • � - • • t " � - • � • - • ':�' :ui - :� n - •�--• �- � ' i • l . � : - i • ' • • - Y : � • :� " � 4 � - -. n - � i ' i • i • _ ��: - _ �:�: " u n ' � �' • � i i :� i - i � •' •i �" :�� • � _ •" • • � • • �� • �• • • .�- i i �i - • •• - • - • • • • � ' - - • i i :t i • � ' � - _ r �' �w" �- �� • r i�' _ 'i��. •' - i _ i i . • � i � �- • - �- - • :i• •ii - i a i • :r: i : • :� : • • i _ _ •- • :� • • e� • - • - ii' .w •- • . :� • - :� - : • i n • - :l: [Tl�is whole seaion is the amortization requirement that attempted to force businesses to move to new locations tha[ conformed to a!! Zoning Code standazds for adutt businesses. This was the provision that caused business owners' lawsuit against the Ciry in 1999. Staff recommends againsc aznortuation because the City's zoning standards would have to be loosened to make more locations available. Looser standards woutd need to allow enough locations for adult businesses so that all of the amortized businesses could find a new locations, plus spaces for a few new businesses in case they want to locate in Saint Paul.] Adult business aze sub'ect to all of the rovisions of this cha ter with the followine addition: when an nonconforming adult business or anv building or portion of a buildin�containinQ a nonconforming adult use �s destro ed to an eactent ater than fi 50 ercent of its mazket value, the adult business shall not be reestabiished [In 2004 s[ate law was changed to allow ihe replacement of any nonconfonning use within one yeaz of its discontinuance or desrruction, except ti�hcer regulations can 6e imposed on aduits-only businesses.j 76 G.\Shared�PED\UlmedSec 62110 & 65660 pdutt Entectainmen[ efiae§pqqpypg�g �J • \ I � • � �_ Adult Entertainment Zoning Study i,° ��ci�.t�=�. Public Testimony at the Planning Commission's Public Hearing The Planning Commission held a public hearing on March 23, 2005, and kept the record open for written comments until April 13, 2005. No one who testified thought the recommendations in the public hearing draft were just right. Twenty-six people testified that the proposed regulations were too loose. Two people testified that the proposed regulations were too strict, one of whom, Randall Tigue, representing R and R Books on UniversiTy Ave., submitted a package of academic studies authored by a professor from Santa Barbara, CA, challenging the premise that adult businesses have secondary effects on their neighborhoods. The minutes of oral testimony and the written testimony are attached. The chart below gives a summary. Support Looser Public Hearing Written Testimony Regulations Randall Tigue Randall Tigue Tam D. Vo Total 2 1 Support Tighter Public IIearing Written Testimony Form Letter Regulations Kiki Sonnen Benita Warns Lori Bera Kirsch Carol Hill Michael Samuelson Geraldine Thompson Geraldine Thompson Debora Girsmer, Gary Kirsch Con Boehm Nancy Wise Bazbaza O'Connor Emma Liliowich Betty Berg Darold Johnson Roger Davidson Patricia Arden Patricia Motz JoyceJohnson Mrs. King Evelyn Ramseth Katherine Johnson Debbie Thompson Steve Hendricks Total 4 2 20 G \SharedNED\UlmerWE Public Testimony $ummary-PC wpd � �� ?,N�� Saint Paut Planning Commission City HalI Conference Center 15 Kellogg Boulevard West Minutes of March 25, 2005 �� `� �F_ t�";, t . .� �_ A meeting of the Planning Commission of the City of Saint Paul was held Friday, March 25, 2005, at 830 a.m. in the Conference Center of City Hall. Commissioners Mmes. Donnelly-Cohen, Faricy, Lu, McCall, MoRon, Porter, and Trevino; Present: and Messrs. Aligada, Alton, Anfang, Coletta, Dandrea, Goodlow, Gordon,_ Johnso�, Kong, and Kramer. Commissio!ners Mmes. '�Zimmer LonetZi, ; and Messrs. Alexander, Mejia, and �Scott. Absent: "Excused Also Present: Lazry Soderholm, Planning Administrator, Lucy Thornpsor., Donnz Drurnmond, 7essiea Rosenfeld, Emily Ulmer, Patricia James, Penny Simison, Shawntera I-Tardy, Ron Ross, Steve Rice, 7oe Collins, and Mary Bruton, Department of Planning and Economic Development staff; and Wendy Lane, LIEP staff. I. PUBLIC HEARING - Adult Entertainment Zonine Studv Ttem from the Zoning Committee. (Larry Soderholm, 651/266-6575) Larry Soderholm gave a brief report and showed maps of areas that meet the various distance xequirements for new adult businesses. Chair Johnson read the rules of procedure for the public heazing and announced that notice of the public hearing was published in the Saint Paul Lega1 Ledger oa March 3, 2005, and was maiied to the citywide Early Notification System list of recipients and other interested parties. The following people spoke: Kiki Sonnen, 1758 Hewitt Avenue, Saint Paul, MN. Ms. Sorsien stated the emergence of the Love Doctor at 1607 (Jniversity Avenue galvanized members of the community. Ms. Sonnen said that she appreciates that PED staff have looked at ways of dealing with adult use and protecting the community from sexually oriented businesses. Ms. Sonnen stated that sexually oriented businesses bring down property values, increase crune rates, and aze not a part of safe neighborhoods. She said that after reviewing the staff recommendations she thinks that monitoring and enforcement is key. Sonnen is concemed that the City has not adequately monitored adult businesses and claims that the percentage of pornographic material fluctuates with each measurement at stores Iike the Love Doctor. She stated that most of the people who come out of the Love Doctor have videos in hand, and believes that this store should be � • • (-� � �, � ' _ ' ' considered as an adult entertainment businesses. Ms. Sonnen stated that the Gity needs to • construct a clearer definition of adult businesses. She is concemed that stores like the Love Doctor are hangin� adult items from the ceiling or placing them on shelves, which allows them to display more adult material while remaining under the threshold to be considered an adult business. Ms. Sonnen suggested that the City (ook at the percentage of gross recites and licensing as a way to further monitor aduli uses. Through licensing and increased monitoring, measuremznts could be conducted annually or every six months. Licensing wo�;ld allow the City to be involved in other areas of rea lations such as hours of operation, prohibiting entrance to minors, and sales to registered sex offenders. Ms. Sonnen stated that sometime in the future there will be no room for adu]t businesses in the City and shz believes that this time is now. 2. Carol Hill, 1653 Thomas Avenue, Saint Paul, MN. Ms. Hill talked about dispe;sal versus ��•��r��Z�:O: OF2u11�Y US�S, 2 r.oted ii78i �r Olii Gi iilZ 5 paieniiai siies ior new ariuit businesses are located in the west Midway district. Ms. Hill stated that there is already a concentration of businesses that are lower than the minimum requiremenu to be considered adu]t uses and are not being regulated. These stores are below the 15% or 300 square feet and therefor?he city has no way to regulate whe:e they !ocate or what they da Ms. Hil! ;tated that adul.t besinesses carrently epera±ing in the City do not meet the existing standards and are nonconformina. Ms. Hill disagrees with the Cities proposal to lower the standards for spacing between sexuaily orientated businesses, protected uses and residential properties for all future adult businesses. 3. Geraldine Thompson, 1920 Orchard Lane. Ms. Thompson stated that her church is within a h(ock or so of sone of the adult shops. She ha> lived in the neighborhood ior 57 years and has � seen lots of changes. As a member of Bethlehem Church she has worked along with members of her church and community to improve the area.. Ms. Thompson said that she and fier church are very active in outreach she is angry that the proposed changes for adult businesses would undermine their efforts to improve the area. Ms. Thompson stated that the area already has one of the highest rates of police calls. She believes that the new regulations proposed by the City would have a negative effect on the area. Gary Kirsch, 73 i✓taple Hil:s Drive E, Maplz��ood, MN. N`u. ICirsch stated tne Midway district is one of the most densely populated sections of the metropolitan area. He said that there are higher crime rates around sexually orientated businesses. Mr. Kirsch also stated that sex busiaesses have the right to exist, it is �vith:n the constitutioaality oi our country. S. Randall Tigue, 3960 Minnehaha Ave So., Mpls, MN. Mr. Tigue stated he was the attorney who represented the adult businesses that successfuliy challenged the 1995 version of the ordinance. He is here today representing one of his clients in that lawsuit, R& R Books on University Avenue. R& R Books would be grandfathered in at iYs location; however, their property may soon to be the subject of condemnation proceedings for redevelopment and wi11 have to relocate consistent with whatever ordinance amendments the City adopts. Mr. Tigue said that the notion that adult entertainment causes secondary effects such as an increase in crime, decline in property values, spread of urban 6light, etc., is pure mythology. He referred to a 1978 Saint Paul study of the relationship of adults only businesses to neighborhood deterioration, which drew comparisons between bars and adult entertainment. The study showed that bars caused neighborhood deterioration, whereas sexuatly oriented • businesses did not. He said he submitted to the PED Director for the record of this hearing an f` 1+ �% o � � �s 0 � anaIysis of aII of,the studies that have been done around the country on the secondary effects of adult entertainment businesses. The analysis clearly establishes that the studies that cities rely ` on are either so �nsound methodologically as to be �vorthless or they provz that, in fact, there is , no relationship between sexually oriznfed businesses and negative effects on neighborhoods. He said that every pear reviewed, scientifically valid study that has artempted to establish the re(ationship between sexually oriented businesses and secondary effects has established that, in fact, no such relationship exists. Mr. Tigue stated after the injunction in 1998 the ordinance was working fine until the Love Doctor opened. He said that nothing indicates that sexually oriented businesses as currently defined are in fact causing any adverse secondary effects. The City refused to study secondary effects in Saint Paul as part of the 1995 study, and the City have again refused to do it this year. T ie,z i, a,;rnpie rcason: ihe City siaff know if tney oojective'ry scudy it, tney wiil find tnai ine notion that adult entertainment businesses cause adverse secondary effects is not true. The City should study whether the 15 ariult enter[ainment businesses in chis communiry aze causing any adverse secondary effects. Are they causing property values to decline? Are they causin� an increase in crime i;. the surrocndina ne;ghborhoods? If you ca��'t answer these questions affirmatively, the City has no business adoptin� aaothe; crdina;�cz. :f the CiTy won't addre;s secondary effects objectively, then he would ask the City of Saint Paul to be honest about what it is doing, that the City simpfy doesn't like sexual(y oriented speech and wants to censor it. Commissioner Alton asked M;. Tiguz to comment on the proposed drafr amendments, ior example, on the proposal to reduce the various distance requirements. Mr. Tigue stated he has no probiem with reducing the distance requirements. Commissioner Alton asked if he objected to other provisions in the draft. Mr. Tigue sTated the definition of adult bookstore containing the threshoid of 15 percent of floor azea or 300 square feet is totally unrelated to any showing of adverse secondary effects. It encompasses mainstream video stores that have adults only sections in them. There is simply no showing that the definition bears any relationship to neighborhood deterioration, crime, or the like. It also doesn't recognize the fact that there is an obvious distinction between take-horrte eatertainment and on-premise entertainment. Tam D. Vo, 150 Dennison Avenue, Shoreview, N�I. Mr. Vo stated he is the fee owner oi a commercial property, which he purchased more than 20 years ago. He is selling the property on a contract for deed to the owner of a video store that has some adult materials. The City has pressured tha video store �o reduce ihe aduit section and he has reduced it oy 25 percent. The property has 2,100 square feet, but according to the City only 1 SO square feet can have "adult videos. ThaYs not enough. A lot of the space is going to waste. The-property taxes are now at $6,000 per year. The new business owner has his family to feed; Mr. Vo himself has five children to feed, is now 63 years old, and has now become handicapped. They are not on welfare or any kind of assistance. He just collects the contract for deed payments to tive on. Mr. Vo said the City is using its power to squeeze, squeeze squeeze. He won't be able to live. Iust leave the regulations zlone. There was discussion about how long to leace the hearing record open for wrirten comments. MOTION: Commissioner Morton rrzoved to forward this to the Zoning Comrrzittee meeting on March 3l, 2005, and Zeave the public hearixg open for additiona! written testimony unti14:30 p.m., on Apri113, 2005. Commissioner Gordon seconded the motion. 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L ' � G Q,' i � h � � .� /rA r . ,^1 "1 Li � f � N �, ti � .c a� : '�. �a y o �; � o w � y � � ti T � N '� .� cC � Y � � o � Vl � p � C � °��°�3 � N' o . y Q., ¢� � � � a�i c�i .� N .� •� Y a�"i ❑ m ° � °; °' `° N � � � �. � '� � � Y O � � y � a + ..� 'O N b � � � � � y � � w o w � s. y O p � 3 � ¢' �. �- a� � � N � � y � '� � � G T � V U � � � � � � � � � � y � � v, o Q �O � � 7 N� C U F-' � bA �v� N s. � R,a�i �.�w � '� U O v�i Vl W i-�7- 'O . � 7 N bA F--' � v � � L � d � � d � .� �y d � � � � y � � 'b O o � ^ s. � � y x L � � d � .�. L a+ � � O � � M .-I � � � � � � � ti � ❑ y � �— • � � � � � o � � N � Q � � � � � � � C N o :� � � � � s., � ti r w ` y V Y v w 0 v d � a � / � w � � O i � N M ti 7 .ti bA ❑ .� � N � U � � a � � � � ou � .� N N .� *'. Y W b � � .�- Q CI� R. � � � � � �1 1` ' y !J �,7 8enita B. Warns 4440 Lafond Avenue St. Paul, MN 55104-2435 (651)641-1037 SUBJECT: Adult Entertainment Zoning Study 2005 - � . "' y�j� , ? tJ ' �� ( � �� Please enter this letter into the o�ciai record for the Public Hearing on the Aduit Enfertainment Zoning S'tudy 2005. I oppose the staff recommendations because they doesn't address my most serious concern, preventing the concentratior� of ad�lt businesses in onfy a few neighborhoods. I also do not agree with the manner used fo define what constitutes an aduit business. A map was prepared that shows the current locations of adult businesses in Sf. Pauf. Wealthier neighborhoods don't have these businesses, while those with lower incomes are home to multiple adult establishmenfs. I feel thaf the minimum distance between adult businesses should be increased to at least 1 mile (5,2&0 feet) so fhat aeighborhoods that a}ready have one or more of fhese businesses won't gef more of fhem. They should be encouraged to locate in industrial areas by removing the requirement for a speciaf use permit in industrially-zoned areas. The buffer distance between an adult business and a residential use can be lowered as recommended by PED Sfaff if the one mile between adult businesses is adopted. Otherwise, I do rrot support lowering the buffer distance. PED stafF recommends thaf the criteria used to determine if a business is classifred as "adulY' is based on iloor space. I would recommend that this requirement be changed to one based on cubic space. By measuring fhis in three dimensions, it wi(I prevent business owners from circumvenfing fhe floor space Iimit by layering their aduit goods all the way up the walls and hanging from the ceilings.' This can be establishe� as a percentage of total cube in the building. t recommend a rate of 15% of the cubic footage of the building as the threshhoid for a business to quafify as adult use. There are visuai cues that people use to determine �vhat kind of neighborhood they are passing through. These cues often determine whether or not people will consider seeking housing in a particular area. Coneentrations of certain kinds of businesses — pawn shops, tattoo pariors, check cashing services, and adult businesses — creaEe fhe perception fhat the neighborhood is poor, crime-ridden, and unsafe. People wifh incomes to allow them a choice will not choose to live in such neighborhoods. The very people who are mosf likely to invesY in housing upgrades are driven away, which' perpefuates the cycle of disinvestment and concentrated poverty. This is what I saw happen in Detroit as I was growing up. St. Paul deseves betfer, and so do my Hamline Midway neighbors. Right now we have one adult husiness, one borderfine.adult business, fwo pawn shops, two tat�oo parlors, and one check cashing business ali a shoR walk from my horrie. I understand that the Iaw must be written in such a manner as to permit aduit businesses to locate somewhere, but surely we can write it in such a manner as to keep more unwan#ed adult businesses from locating in heighborhoods where others already exist. If these businesses are not wanted by people in Macalesfer Groveland or St. Anthony Park, what makes it OK for my neighborhood to get sfuck with more of them? These businesses should be directed to focate in industrial areas which typically are tocaEed away from most residentia! uses. They should be kept a minimum of 1 mife from each other. Benita Warns � • �-. : l� t � - � Received April 10, 2005 . � ' K: Mtci�nE�; �ANtuEi:so�i ; : i : .. Tleigh6orkd�Preseivacion5pecialisi ' - --- _ - ��:,'Te1."(763)315.=9450'.� - BTOQ�.C��Tl`- ; , '`.." �52�985thAJe.l�i. :_ .::. Park : `a��k�Yn Park, MN $sa�3 .: . �� ' -' � _ Fs.�7b11493.8791�,7DDf7b71k98.9392'� � , .. . - ". ' - . . � . . � wwvi oog �.: - -- �- � � a; :: � �?��>; - - .,.. , � . ��l�St�� 0 �0�_EIl";`' = Y.�:.' _ : �' _'� ' �'� . ��1� "S��p "" - � '�AY ELCEN P. GABLER:.__=r � = - ':' '- ". _ �:..., _ . _ `� _ �< .—cr.ccroronolz'o'%'" . �.. _. ��-Eiustler HoFty4vood.�is.•�lie=.bsaineliild o€ jimmy and 2heresa Flynt, brother and - `daughfer of HustTer magazuie. publishez,.,.:=— LazryFlynt..�__�� e store, Husfler �?a�J3b� ont be banished to seedy areas. Because most pf its."mature" materi� con- :-sistg of "iays," HusGlei Hollywood fits within =fhe guic�eli�esoE r�:tail zoning; said Bob --� "Maztin, propeety acquisition manager for HF3 Retail, a unit of Larry Fiynt Publications Inc., Beveriy Hills. . HusderHollyv✓aodisscouringtheTwinCifies > for about 10,000 squaze feet of space, aiming for � an area of M� traffic neaz restaurants, bars and � tourist amactio�s, Maztin said. Trying to distanee itself from the sterea- � typicaldfrtybookstore,HustlerHollywoodis �� "tastefully decoiated," like a Banana �, Republic or Anri Taylor, Mutin said, and -'� aims to drawhalf of its clientele from the 18- � to 50-year-old female crowd. The stores �- even h�ve a cafe. While many adult stores aze scomed by resi- � dents and city councils, both Miruieapolis and � St. Paui will have little, if any, say when Hustler Hollywood comes to Town, said Steve Poor, zon- `�' ingsupervisorforNiinneapolis. u In Minneapolis, a business is considered an� aduit book or video store only if it dedicates more than 500 squaze feet or 15 percent of its sales azea to such material, whichever is less. Austler Hollywood sells only a small amount N of aduit videos, books and magazines, relying � on apparel, "toys" and gifts for most of its Q business. �� 3n St Paul, there is a moratorium until J�Y on newadultbusiness Cityofficials aze considering changing the definition of an aduit business frnm containing a"significant portion' of aduk material to 300 squaze feet or 15 percent of its flooispace. . egahle�@tu;aumatccam � (Gi2) 28&21os • ,(�), :�- � j; y,'r7'., �? � _� = �. ?Vlarch 24, 2005 Deaz City of St. Paul Officials: I azn writing to ea�press my concem about the escalation of adult "entertainment" businesses in the Midway area and the gotential for increased businesses of that type as a resutt of proposed revised zoning regulations. I have been a member of Bethtehem Lutheran Cfiurcb in-the-Midway, located on Roy Street across from Spruce Tree Center, for nine yeazs and am active in many activities there. Because I often travel to chuch from my St. Faul work site, I frequent the azea businesses before or after church acrivities. I lived in the Midway for many years, moving out of the area recently only because my new husband and I sold the homes we each owned and purchased one together. I bave also been involved with the Hamline-Midway Alliance for a Prejudice-Free Community for a number of yeazs. For these reasons, I believe I have a legitimate interest in the issue of adult "entertainmenY' businesses in the Midway. The Midway has already been cheapened by tfie fwo adu[t businesses ffiat aze Iocated within just a few blocks of each other. Those businesses degrade an othenvise thriving retail area with their tasteless sidewalk window displays and, to a greater extent than other businesses, attract an element of the population that may not necessarily be kind to women or children. The azea where these husinesses aze located is home to community residents, churches, schools, and day care centers. What is often forgotten is that the Midway is not only a busiaess area, it is a neighborhood. Many people live either on University or SneIling avenues above businesses, or behind businesses on the other sides of the block. To have a vibrant busmess area within the inner city, you also need people living there. People do not want to live in an area where they and their chifdren aze exposed to adult busiaesses. It indicates a"seedy" neigfiborhood Y1iat attracts people who may be a threat. To propose zoning changes that will allow an unlimited number of small adult businesses in the area and to permit those businesses to be Iocated within an even eloser proximity to homes, churches, schools and day care centers is to ensure deterioration of an othenvise livable community at the expense of i11-advised business development. I strongly urge you to consider first and foremost the impact on the Midway and other St. Paul neiehborhoods and communities, when makittg or revising zoning regulations related to adult "entertainment" businesses. Those kinds of businesses are a detriment to the standard of living for area residenfs and put af ris� the other Ioca1 businesses whose customers may be uncomfortable shoppiag or diain� in the vicinity of shops that unabashedly display, sell and cater to sex. Sincerely, V�� Lori Berg-Kirsch 739 Map1e Hills Drive E. Maplewood, MN SS1I7 � �`1�.,��t <� • • • r : " . April 10, 2005 • Chairman George Johnson Planning Commission City Hall Annex, Room 1400 25 West Fourth St. St. Paul, MN 55102 Dear Chairman Johnson: I am concerned about the proposed definition of adult businesses and the distances between adult businesses and other businesses, residences and other protected uses. Any definition that is not inclusive of aIl adult businesses is discriminatory and allows unregulated concentration of adult businesses. I think the definition of adult businesses should be inclusive of all types of adult uses. I am also concerned that shortening the distances between adult businesses and other businesses, residences and other protected uses could change the • area our faith community is located in so that it is less desirable place for people to come. In our area at Sneiling and University Avenues, Spruce Tree Center houses a County reporting office for sex offenders. Additionally, we have received notices of Level 3 sex offenders who have been placed in our area. In my opinion, an adult use in this area is an unnecessary temptation to both groups of sex offenders. I support the e�sting distance requirements between adult businesses a.�-�d would like longer distances between adult businesses and residences and protected uses. Thank you for your tisne. I would like to hear your opinion on this issue. I� may be contacted at: .S ��t�v� � �� Address 7 �y 'D �� h��°�/1(j_ h � �-' City, Zip �,c� o.rr ��`- �S // I � Sincerely, � �:� �� 5'I °7 � 7 �� 1 l_ The iollowing is a list of people that signed the letters sent,to George 7ohnson pertaining to the purposed definition of adult br�sinesses and the distances between adult busiaesses and other businesses, residences and other protected uses. 1. Geraldine Thompson 1920 Orchard L,ane White Bear Laker, MN 55110 Z. Lori Berg-Kirsch 739 Maple Hills Drive E. Maplewood, MN 552117 3. Debora Grismer, Intem Pastor Bethlehem Lutheran - in - the Midway ° 436 N. Ray St. St. Paul, N�I 55104 (651) 646-6549 4. Con Boehm 1347 Charles Ave. St. PauI, MN 55104 (651) 603-8504 5. Barbara L. O'Connor 6. Virginia P. Sapp 1532 CarrolI Ave. ' St. Paul, 7�II3 55104 7. Emma J. Liliowich 869 Lafone Ave. St. Pau1, NNi 55104 Neighbor & Church Bethlehem Luthem 8. BettyBerg 2167 Temple Court St. Pau1, MN 55104 Bethlehem Lutheran Church in the Nlidday 9. Darold Johnson � 1027 S. Smith Ave. West St. �aul, MN 10. Roger F. Davidson 1275 W. Shryer Ave. Roseville, Mn 55113 Member of Bethlehem Lutheran Church in the Mi dway St. Paul, MN • • • � � il. � 12. Pafricia Arden 12852 Fondant Trail Hugo, NN 5�038 Gew up in the nei�barhood and sti11 attend the church Pahicia Vlotz 436 Roy St. St. Paul, MN 5�104 13. 7oyce Johnson 1027 S. Smith Ave. St. Paul, NI�iT 55118 14. Evelyn Ramseth 924 S W 4�' St., Apt. 107 Forest Lake, Mn 55025 (651) 464 4727 15. Katherine M. Johnson 2017 Jenold Ave. Arden Hills, MN 55112 16. Debbie Thompson • 2077 James Ave. St. Paul, M�Ti 55105 17. Nancy L. Wise 180 Wayzata St., #403 St. Paul, MN 55117-5354 18. Steve F3endricks 13599 Danube Lane � Rosemont, MN 55068 Bethlehem Lutheran Church 19. Mrs. King 20. (Name added by C. Hill) 1922 C1ean Ave. St. Paul, NIN 55119 Q�—��, a , • ,• � • � , Received March 28, 2005 0 _ — � � `� - RANDALL TIG�E LAW OFFICE P.A. RANDALL D.B. TIGUE Attorney at Law � :� ., Mazch 16, 2005 Ms. Susan Kimberly Director of Departinent of Planning and Economic Development 25 West Fourth Street St. Paul, MN 55102 M'mnehaha Professional auilding 3960 M'tnnehaha Avenue South Suite Z00 Mvvreapolig MN55406 Phone: 612/825-0936 Far: 612825-0938 �maiL tiguelawa�jttsn.com Re: Public hearing on proposed revisions to adult entertainment zoning ordinance Dear Ms. Kimberly: I am writing this letter on behalf of R&R Books, an adult bookstore located on University Avenue in St. Paui, Minnesota. While, under the draft ordinance, which contains no provision for amortizing non-conforming uses, my client would be pennitted to remain at its present location, without regard to change in the law, it appears that the St. Paul Housing and Redevelopment Authority has either commenced or is on the verge of commencing condemnation proceedings directed at the building in which the store is located. If that is the case, it will be necessary for my client to relocate within the City of St. Paul, consistent with the terms and provisions of whatever the Council does with respec+. to tt�e e�sting zouina ordinance. I would therefore request to appear and testify at the public hearing. I would also request that these written submissions be made available to all members of the Planniug Commission prior to the hearing. I have reviewed the so-called study which accompanies the proposed ordinance changes. It is fundamentally flawed in its basis justification for adult entertainment zoning. It asserts that adult entertainment businesses in the Twin Cities and throughout the country show that "adult uses have negative impacts on neighboring businesses and property values in residential azeas." In point of fact, the assertion that adult entertaimnent businesses, as a whole, cause adverse secondary effects in surrounding neighborhoods, such as an increase in crime and a decline in property values, has as much validity as the reports that Saddam Hussein possessed weapons of mass destruction in Iraq and that he conspired with Osazna Bin Laden to bomb the World Trade o�-�o� Page -2- , • Centei. Indeed, I would suggest th�tt the only people in public life whose track record of dishoi�esty is worse than that of George W. Bush are city planners attempting to jusrify adult entertainment regulation. Nowhere is this dishonesty more evident than the planning stafPs report on the 1978 St. Paul Study, studying so-called adults-only businesses. In describing the 1978 St. Paul Study, the staff planning report asserts: "In 1978 the City Studied affects (sic) of adults—only businesses, which inciuded both sex-oriented businesses and bars, for the period of 1970 through 1976. Alt�'�ough the studp �'i3 not adrL-ess sex-orieated businesses as a sepazate cate�Ory (emphasis supplied), it reached severdl sirong conclusions about the interactions between aduits-only businesses and tfieir surrounding neighborhoods." The report goes on to list secondary effects of neighborhood deterioration tied to so-called "adults-oniy businesses." The assertioa is nothing short of a deliberate misrepresentation of what the 1978 SY. Paul Studies represent It is true, as noted in the report, that the definition of "aduit businesses" used in the 1978 Study included both sexually oriented businesses and alcohol-serving establishments. However, it is flatly untrue that the effects of sexually oriente3 businesses were not separately • studied. Not only were they separately studied, but the April, 1978 version of the report statesin at least 14 separate places, that when sexually oriented businesses alone were studied, there was absolutely no correlation between adult entertainment businesses and adverse secondary effects. To cover up for this fact, Ciry Ptanners have been lying about what the 1978 Study bas said for the past 2? years. I am enclosing for consideration two documents discussing most, if not all, of the studies set forth in the staff report conceming so-called adverse secondary effects, including a detailed analysis of the 1978 St. Paul Study, clearly showing how it concluded that sexually oriented businesses have no adverse secondary effects on surrounding property. The first of these is an articIe pubIished in Communications Law & Policy in 2001, eatifled "Govemment Regularion of `A3ulY Busin�sses Through Zoning an$ Anti-NudiYy Ordinances: Debunking the L.egal Myth of Negative Secondary Effects," authored by Bryant Paul, a PhD candidate in the Department of Communication, University of Califomia, Santa Bazbara; Daniel Linz, Professor in the Department of Communication and Law and Society Program, University of Califomia, Santa Barbara; and attorney Bndley Shafer of Lansing, Michigan. I should include a word about the origin of this article. This article was originaily submitted as part of an amicus curiae brief on behalf of the First Amendment Lawyers Association to the United States Court for. consideration in the case of City ofErie v. Pap's, A.M., 529 U.S. 277, 120 S. Ct. 1382, 146 L. Ed. 2d 265 (2000). It was referenced both in the plurality opinion of Justice O'Connor, and in • • �� • Page -3- 0�—�_c�� the partial concurrence and dissent of Justice Souter. After this paper was presented to the Supreme Court, it was submitted at the annuai meeting of the Intemational Communications_ Association in 2000, submitted to peer review and received an'awazd for being one of the top three refereed papers in Communications Law & Policy. This eventually led to its publication in the scholazly journal Communication Law & Policy. The second submitted document is a follow up by Professor Linz and Mr. Pau1, submitted in support of the amicus curiae brief of the First Amendment Iawyers Association in City ofLos Angeles v. fllameda Books, Inc., 535 U.S. 425, 122 S. Ct. 1728 (2002). Both of these papers specificaily address the ST. Paul Study, and several of the other studies relied uoon in the staff report, inciuding those done in Phoenix, Arizona; Indianapolis, Indiana; and Los Angeles, Califomia. For the reasons set forth in both of those papers, they conclude that either tfie studies, such as the 1978 St. Paut Study, do not support a conclusion that adult entertainment causes adverse secondary effects or do so by methodology which is so flawed as to be unreliable. In fact, the assertion that adult entertainment causes adverse secondary effects is unsupported by any peer-reviewed methodologically sound study anywhere in the United States. Quite to the contrary, every peer-reviewed methodologically sound study that has ever been done on the subject has concluded that absolutely no relationship e�sts between adult entertainment and adverse secondary effects. I offer the following studies for your consideration: A study of adult cabarets in the City of Fort Wayne, Indiana, which serve alcoholic beverages and provide exotic dance entertainment. A 1000-foot circumference was drawn surrounding each of 8 exotic dance night clubs in Fort Wayne. Comparison areas were selected in the City of Fort Wayne and matched to the club azeas on the basis of demographic feaxures associated with crime and commercial properiy composirion_ The number of calls to the police from 1997-2000 was compared to the number found in matched areas. The analysis showed little difference overall between the total number of calls to police in the azeas associated with exotic dance night clubs and those in the comparison areas. The conclusion was that there was no evidence of adverse secondary effects. The original version of this study was reviewed by the United States Department of Justice for its methodological soundness. It was presented at "Translating Spatiai Research into Practice: The Fifth Annual International Crime Mapping Reseazch Conference, sponsored by the Crime Mapping Research Center, Narional Institute of Justice, U.S. Department of Justice. It was awarded the "top student paper"award at this competition. It was a subsequent version of the report was presented at the 2002 International Communication Association where it was peer- reviewed and recognized as one of the top four refereed papers in Communication L.aw & Policy. 2. A study enritled "t�n examination of the Assumption that Adult Businesses are Associated with Crune and Surrounding azeas: a Secondary Effects study in 0��°��D Page -4- Charlotte, North Carolina, conducted by Dr. Linz, along with Kenneth C. Land, Jay R Williams and Michael E. Ezell of Duke University. For each of 20 adults only businesses, all of which were exotic dance clubs, a control site was matched on the basis of demograpluc characteristics related to crime risk, and compared crime events over a period of three years, using data on crime incidents reported to police. Not only did the data show that the presence adult night clubs did not increase the number of crime incidents, the resuits suggested that exactly the opposite may have been the case, with adult business sites having smaller numbers of reported crime incidents in three of the control areas studied. 'The study was peer-reviewed and published in the Law & Society Review. A copy is attached. � 3. A study entitled "Measuring Secondary Effects of Adult Businesses Using Spatial Tempro Estimation of Real Estate Price Appreciation, done by George W. McCarthy and Fienry Renski of the University of North Carolina at Ghapel Hill assessing property values sutrounding adult night clubs in Chazlotte, North Carolina. The study shows little negative impact of location of adult clubs on house price appreciation. Indeed, when spatial and temporal controis are addressed, appreciation rates in the areas containing adults-only businesses aze actual higher than conirol azeas in 11 of the 20 yeazs of the study. A copy of this study is attached. 4. An empirical study entifled "A Secondary Effects Study of Peep Shows Establishments in San Diego, Califomia" Again, a study is made as to whether there is a greater incidence of crime in the vicinity of peep show establishments in San Diego, Califomia than in comparable control azeas not containing such establishments. The study, a copy of which is enclosed, indicates that no such relarionship exists. This study was peer-reviewed and accepted for presentation at the western regional conference of the Society for Scientific Study of Sexuality in San Diego, Califomia, in April of 2004. ' 5. An enclosed study entifled "Exa,T,;n;,,g the Link Between Sexual Entertainment and Sexual Aggression: The Presence of Adult Businesses and the Pred'acrion of Rape Rates in FIorida," peer-reviewed and presented to the Law & Policy division of the 20Q4 annual meeting of the Intemational Communication Assaciation in New Orleans, L.ouisiana It essentially showed that a causal link beriveen nude entertainment and secondary effecfs as measured by crime rates at the county level is extremely improbable. Not only do all available studies indicate an absence of any meaningful relationship between adult entertainment and adverse secondary effects in general, there is absolutely no evidence whatsoever that purely take-home entertainment, such as the retail sales of books, magazines, and video tapes cause any adverse secondary effects. Indeed, the justification for adult entertainment • � • r1 LJ Page -5- th* a^ � e,� . � ,, �,� " zoning regulation contained in the 1987 St Paul Study, suggests exactly the contrary is true. That report suggests an adverse secondary effect as follows: persons view adult entertainment in theaters, peep shows, exotic dance night ciubs, and become sexually azoused. This leads to sireet prostitution outside such premises. This leads to other crime, which, in tum, leads to a decline in property values and urban blight Obviously, none of this applies, if the sexual azousal occurs, not on the premises of the store selling the material, but rather at home, when customers bring the magazine, or video tape home and read or view it there. At least one court has determined that the difference between take-home video and on-premises viewing is of constitutional significance. See Encore Video, Inc. v. City of San Antonio, 310 F. 3d 812 (5"' Cir. 2002). At least one United States Dishict Court in the District of Minnesota has agrced. See DiMa Corporation v. High Forest Township, 2003 W 22736561 (D. Minn. 2003). Even assuming that it could be established that take-home adult entertainment does cause adverse secondary effects, the staffreport presents absolutely no evidence whatsoever that the line draws at the percentage of floor space and number of squaze feet bears any relationship to those adverse secondary effects. As the staff report notes, there have eusted in the City of St. Paul for years video and book stores at various levels of adult entertainment. Notwithstanding this fact, in neither 1995, when the amendments to the ordinance were first proposed, nor in the present report does the city make the slightest attempt to coaelate the percentage of adult material sold with adverse secondary effects. When a group of stores challenged the validity of the 1995 amendments, we did precisely that. We commissioned Robert Bruce McLaughlin of Florida to conduct an empirical siudy comparing adverse secondary effeets based upon the percentage of adult literature sold in the store. A copy of that study is attached. It cleazly establishes that there existed no relationship betcveen the percentage of adult literature and adverse secondary ef�ects. Consequently, it is clear that the proposed ordinance is unjustified from a constitutional standpoint. Rather than tinkering with percentages, the appropriate inquiry is whether the secondary effects mythology justifies any regulation of adult businesses whatsoever. The city will not ask that question or objectively examine the answer, precisely because it is afraid of what it will find out. I request that all of the znaterials documenting the total falsity of the secondary effects myth be made available to the Planning Commission. . ��A ��/�I % �/l� , �, � .. . ,�- . •�: ,�� r � - cc: Mr. Richazd Rassmussen t • i • � �. �'. �: Received IVlarch 28, 2005 :� pq5�� ' ' � '.�FcFEEEi'fl@ i� � 4 t 6 ��M- L. & POLR 355�392 (2061) �, � �'�°P9nP�t � 2001, Iawrnnce 4lbaum Assoaates, Inc. �.A� 4' _GJ-41`117� B i.a.0.1'rxJ! V�+H $1�1�1 �� 66� iJ9��99 33lJ�gLVL' �.70_Cap 2LLi$�IJi,Ti3 Lr�LQ9.lY'lA �� '� 1 i Vll� Qg3,�S.1"IML91��: �L' 9 �✓it�Hla1�.T A ra a�: L��ra i� 1T.8.1 1�� liS�lT�.iJ.YY�' 3.7��ii9:YyL']3i.3 SJ1'Y'3�i�1� l Y" da�.� 3Ji'a+��... .. �'�� lulll..n.i �. �7a+tiCP'SS.*#� MunicipaZifies tlzat proFzibit ¢dult" businesses from operating in cert¢in ¢re¢s Iz¢ue justifzed these zoning" regulations by ¢duancing the idea that the presence of tlze business wi11 have so-c¢ZZed "adverse, or neg¢tave second¢ry effects' on the surrounding community. Most recerztZy, ¢ pZur¢Zity of the United St¢tes Supreme CAUrt � uPhe1�1 tlze extensiorz of this doctrine beyarzd the zorzing of ¢dult busirzesses to the symbolic behauior within them in tlze fornz of ordinances b¢nning nudity_ T1zas ¢rticle abstro.cts and analyzes the methods and m¢jor empiric¢l fcndings of studies cronducted by United States munic>_'ielities, PL ror-'=ng to aQ�ct c3vzrse secondary effects of aduZt busarzesses_ �th few exceptions the metkods used in the rnost frequently cited studies are seriously ¢nd often f¢t¢ZIy fL¢wed. These studies, relied on by other communities throughout tlze countr}; do rzot adhere to professional stand¢rds of scientifec inquiry ¢nd neariy ¢ZI f¢il to nyeet the b¢sic assumptions necessary � c¢Zcu1¢te ¢n error rate—¢ test of the reliability of fzndings in science. Those studies that ¢re scientzfzcalZy credible demorzstr¢te either rzo �Ph.D. candidate, Department of Communication, University of Califor- nia, Santa Bazbara_ '*Professor, L�epartment of Communicatioa and La� yna Society Pro- gram, University of Californi� Santa Barbaza �' Shafer and Associates P.C., Lansing, Michigan. :r` � 05-�+ 6 COMM_ L. & PoL°Y 355 (2001) negative second¢ry ef�'ects ¢ssoci¢ted with ¢duZt businesses or ¢ r�e�� "of the presumed rzegative eff'ec1: The implicatioru of t�'ze.lack of euidence of ¢dverse secondary ef�'ects for tke regulaxiorz o}'performoacces within adult businesses are discussed. Since 1976, the United Stafes Supreme Court has decided a se- nes °f cases focusing on whether the free speech cl�use of the First Amendment allows eities and states to enact legisIatian eoatroIIing �� n of "adult" businesses.� These ""zonin�' regt�ja�o� y prevent a seg-reIated business from operating, for e$- ample, within a certain number of feet from residences, schooys and houses of worship or a given distance fi one-another, have been predicated on the notion that cities and other municipalities have a substantiai interest in combating so-called "negative secondary ef- fects" on the neighborhoods surrounding adult businesses_ These secondazy effects have most often included alleged ine�� ia crime, decreases in property values, and other indicators of neigh- borhood deterioration in the area stu�rounding the adult business. �Pi�Y, �mmunities have either conducted their own investiga_ tions of potentiai secondary effects or have relied on �� ducted by other cities or Iocalities. In more recent years, the Court }�a� ��dered the eonstitutionaj_ ity °f ant�_nudit9 Iegislatioa passed by municipatities or states that have relied on the negative secondary effects doctrine as justifica_ tioa. The Court in Barnes v. Glen The¢h-e, Inc. held that the State of Indiaaa could regulate nudity; with a pluraiity of �e Court concluding that the government could undertake sueh regulation to P�� the pub&c order and moralit� a I� a con�urring opi�on, how- e<rer, Justice Souter argned tnat the Siaie had justified the ban on the basis of the presrcmed negative secondary effects on the sur- rounding community.a Most recentIy, in City of Erie u Pap's AM., the Court again heid that municipalities haye the right under appropriate circumstances to pass anti-nudity ordinances 5 Again however, the Court was fi tured. Three justices agreed with Justice O'Connor's opinion tfiat Am Se MIT ��ty of Renton v. p]aytime Theat�, ��„ 475 U.S. 42 (29861> Youngv. zSee, e ��' � �� U.S. SQ {1976). g�, Baraes v. Glen Theatre, Inc., SOI U.S. 560 (1991); City of Erie v_ Pap's AM, 120 S. Ct. 1382 (20Q0). 3 501 U_S_ at 5Fi7�g_ 57 12(T S G`� (Sonter, J., conrnrria�. I382 �� `rt� /$ ri � O � � • � ,� � r�EC�� sECOrm� E�crs � � � �' O � 357 combating negative secrondary effects supposedlp associated with adult businesses was a Iegitimate basis for the miposition of an anti-nudity regulation,s Most nofable for the purposes of this articie was, however, Justice Sotieer's partial concurrence and partial dissent, in which he significantly revised the posifion he took regard- ing seeondary effeets in B¢rnes. In P¢p's, Justice Souter admitted that tfie evidence of a reiations3iip between adutt businesses and neg- ative secoadarp effecEs is at best inconclusive 7 He called into ques- tion the reliability of past studies that purported to demonstrate these effeets and suggested filiat municipalities wishing toban nuditp must show evidence of an aetual re]atioryehip betweefl a� ��- nesses and negative effects. The recent eapansioa of the secondary effects "doctrine" to in- clude not onip the zo nina of adult businesses but now the regulation of the content.of eapression within these establishments, raises the question: How reliable and valid are the so ealled "studies" con- ducted by individual municipaiitfes and shared nationwide with other municipalities atEempting to regvlate the location of, arid most recentlp, erotic expression within, adult businesses? E%amined in this article is the scientific walidly of the research coasidered by mu- • nieipalities across the country as a justification for the regulation of adult businesses. :::r �� . � t� r � YY� Early attempts to regulate ac3ult businesses involved enForcement �f ebscenity laws. 'I'ke United Stz*.tis u::^ Cci:.-t ra�uere� it.s first authoritative decision on obscenity in Roth v. United St¢tes. The Court ruled that obscene material was not protecEed bp the First Amendment to the Constitution_ It defined obscene materials as those that "appeai to a prurient interest" in seg (defined as a shame- ful, morbid and unheatthy interest in seg) and are presented in a"pa- tently offensive way."io Through the 1960s, the Roth test was refined to reflect objecEions to the suppression of erotica. In Kingsley Intern¢tion¢Z Pictzcres Corp. u Regents, the Court found that a fiIm based on the erotic novel, I,ady Chaterly's Louer, was not obscene under the Roth test_i� 6 7d. at 1393 (0'Connor, J., eoncurrin _ TId_ at 1404--05 (Souter, J., concuzring in part and dissen� � p�) $Id. at 1402-03 n.3. 9 54 U.S. 476 (195'n. io7d. at 488. � U.S. 684, 68�90 (1959). • � � t. 3 �$ 6 COMM. L. & POL'Y 355 {2001) The Court greatlp eapanded ihe scope of permissil�le segual portrag- ats with its decision in lYlenzoirs v. Massachusetts.� At issue was the literary work, Menzoirs of a Y�oiiran of Pleasure,. coinmonlp �own as Fanny Hill, by John ClelancL The Gourt ruled that the prosecution must prove to the jur}>s satisfaction that the work in question is "ut- teriy without socially redeeming value " In the Court's view the First Amendment protec�tion given to "socially redeemingideas" was suffx- cient to override the accompanping portrapals of se$ual aetivity.� Laier, the Court further bmadened its notion of permissi by str�ng down another obscenitp conviction in St¢nley a_ Georgi¢. In this case, the defendant had been found guilty of possessing ob- scene materials in his home. The Supreme Court ruled that the First Amendment provides protection for the individuai's rigfit to receiv� information and ideas about ses.is 1`he body of social science research sponsored by the 1970 Presi- dential Commission on Obscenitp and Pomography in the Upited States was the first systematie academic foray into the study of eapo- sure to seauaIly egp3icst mato Consistent with the more liberal S�preme Court ru2ings in the 1960s, the Commission concluded that there were no scientifically demonstratecl harmful effects firom por- nography and recommended legalization of all forms of seaually eg- plicit communication. - A more po&ticalIy conservative Court ruled, in Miller v_ CaZifor- ni¢, that "crontemporary community standards" must be used to resolve the underlying questions of fact regarding "prurient inter- e�" �� "ga+r.ut offe�siv�uess_" �y t�e �te 13S�s and eariy 1990s empirical studies estimating community standards for seau- ally esplicit materials suggested that evea in po&tically conserva- tive communities, the majority of citizens actuatiy found such materials non-obscene 1 e �383 U.S. 413 (1966). �Id_ at 418. 14 394 U.B. 557 (1969). 3 sld_ at 567-68. . 36 PRESIDENT3AL CObID1'N ON OBSCENI'IR AND PORNOGRAPHY, TECFiNICAL R.EppRTS aP Tc� PxrsIDErrrrnL Con,mx ON OBSCINITY AND PORNOGRAP33Y (1970). 17 413 U.S_ 15, 24-25 (1973?. IBSee Daniel L'mz et al., Estimating Commurzity Tolerance for Obscerzity: The Use of$oeial ScienceE�idence, 55 Pc7s. OPixioN Q.8Q (1991); DanielE. Linz et aL,B�iea- suring Community Staridards for Sa und Voterzce An Empirical ChalZenge to.As- sumpaons in Obscerzity Lam, 29 L. & SOC'Y F�v. 127 (199�. Social science research suggests ti�at communities may tolerate and(or accept for otheLS, seauayp esplicit matPSial involsing mnsentiag adults. However, sexual ciolencr, the nse of �hil�n m Pomo�'dphp �� estreme Forms of aonseaual vioIence aze noE toleraEed. See id C� • • � �b`� . NEC=ATIVE SECONDAftY EFFECTS � � "� '°`. ;a35�3 � ,_ Recently, some fern;n,cta � az.�ed that �� obscea- rtY PerSPectioe, with its emphasis on se$ual e.splicitness-and its no- iaon of offensiveaess, moral corruption and shame, y5 mi cg�ded.� In �eu ��' the regulati°a °fF°inograPhY should not be a means for the government to greserve_ gub&c moraIs. Instead, regulation shouId prevent harms to women, including se%uai harassment, dis- Crimin a'E20II 2IlC1 62%i131 3553i11t. Efforts to chynge the legai system to allow women to address por- nography's supposed harmsweie undertaken in the 1980s. �`he pur_ pose of tliese taws was to perm�t women to- adc3�;ess the harms ciaimed to have been done to them by pornography, both as individn_ aIs and as a class of persons. In the early 1980's, a model ordinance was introduced in Min where it was rejected, and in Indi�- napolis, where it passed and became ]aw for a time. The ordinance defined porno�aphy as the "graphie se$vally esp7icit subordination of women." Tmm �tely after its passage, the Indianapolis ordi- nance was challenged. A federal district court declazed the Indianap- �� °T�n� ��°nst�tuttionaI in American Booksellers Associ¢tion v Hudnut, arguiag that an ordinance that makes injuries of pornog- raphy aetionable is unconstitutional under the F4rst Amendment be- cause the law prolubits egpression of a point of view. Social science • reseazch testing feminist socialegai theory has egamined pornogra_ phy's effect on attitudes that justifq violence towards women, under- mine viewer sensitivity to female victims of rape and violence and mcrease d�s�at°rY and segually egplicit behavior. Most recentty, governments have shifted away from obscenity prosecutions a.nd az-e attempting to reg�tlate i?ye r�� s ia adult n;ghtclubs across the United States. These regulations ha�e of- ten been based on the notion that government is permitted to ban be- havior, such as nude dancing, if such iaws can be shown to be "content neutral" and direct� at curbing the so-called adverse sec- ondary effects a]legediy associated with adult businesses.� Law_ 19 See Ix FT°RM WnY: T� Po�roe�tnpHY (.'rvn. Ri�frrs EiEaxnvGS (Andrea Dworl�n & Catherine A MacKinnon eds„ lggg�� Catherine MacKianon, Not ¢ MoraZ Issue, 2 YaI,E L. & PoL'Y REV_ 321(1984). 20 �'- B°°kseIlers Ass'n v. Hudnut, 598 F. Supp 1316, 1320 (S.D. Ind. 1984), aff'd, 771 F.2d 323 (7},h �._ 1955), af�'d, 475 U.S_ 1001 (1986). uSee Enwnxn Dorrxs�,s�r�v F:r.y�.., T� R�.srioN oF PoaxocxnPxr (198�. �See Daaiej I,in2 et al., Testing Leg¢! , 9SSUmpiions Reg¢rding the E'ffects of Dancer Nudity ¢nd prorimity to Patron on Erotic Ezpression, 24 L. & HLJi�e_ gExAp. 507 C200Q). This social saence investigatian demonstrated that mntrary to t�e sumption made by ChiefJustice gel�nqvsE�g�tes 501 U.S. 560 (1991),1aws that prescn"be putting pasties and Gstring on exotic dancers are, in f tent nentrai Results of a field expermient in wlnch daacer nudi� (nude vs. partiat ` � � � 1 �� 360 6 CoMM_ L. & POL'Y 355 (2001) „ F ?nakers across the country have referred to a number of secondary effects studies undertaken by municipalities interested�in "zonin�' adult businesses as justificati9n for regulating nudity in the busi- ness. The scient validity"of this researcli is the subject of this study. �J :r • � � •�i x• �rai ;� i ► :� r • � �x � , r�r Beginning with the 1976 case, Young v. A7neric¢n'Mini Tlzeatres, Inc_,� severai Uuiteci States $upreme Court decisioa,s have grovided guidance as to what constitutes permissible government regzilation of the location of adu2t entertaiament establishments, given �he pro- tection provided by Ehe Free Speech G7ause of the First Amen� ment � The Court has normall9 subJected ordinances that restrict the location of adult businesses to an evaluation under the frame- work for eon#,ent. restrictions on symbolie speech set forth. in the four-part test ia United ,St¢tes v_ O'Brien.� Justice Powell appHed the four-part O'Brien test in his plurality opinion in Young.� In thag case, the Court upheld a Detroit ao nlTa ordinance that regulated the Iocation of adult theaters_ The ordi- nance mandated that adult theaters not Iocate within 1,�00 feet of any two other "regulatec� uses" or within 500 feet of a residential arsa• The Detroit ordinance did not attempt to e1ffiinate adntt en- tertainment; ratJier its aim was to disperse such busiaesses in an effort to ,,,;n;.,,;�e so-called negative secondarp effeets. In uphold- cIothiny� and dancer pro�mitY si�ificantiy altered the message of eroi3c perfor- mances. See Linz et al., supra note 22, � �427 U.S. 50 (1976). '�See id.; �}ty of Renton v. Plsytime Theatres, Ina, 475 U.S. 41(1986); Barnes v. CTlen Theatre, Inc., 501 T3.S. 560 (1991); �ty of Erie v: Pap's A.M., 120 S. Ct. 1382 (2000). u391 U.S. 367, 376-77 (1968?. The Iandmazk deeassion sets forth a series of crite- ria courts must considerwhen determining�Ehe constitutionalifyof government snp- pressioa of speeeh. For a restriction to pass the OBriae test, the murts must conader (1) whether the reguiation is within the constitni3onaI power of govern- ment, (2) whether it fiuthers an �porEant or substantia7 goyarnmen}y1 iatex.est, �g� whether that interest is »nr�t� {� �PPry�oa offree eapression and (4) whether the restricfion on Fast Amendment freedoms is no greater than is essential to the fiutheraace of t1�at interesE. Id. �'o�g, 427 U.3. at 73-82 (PoweII, J., coneurtin�. Most importya; for presen+, F�P°�> �e Court suggasted that the Detrort ordinance passed se�confl prorig of the O�rz�. test becauseitwas ai.med at preservingthe stab�7ity ofEhe city's residen- tial and commercial neighborhoods.Id. at 73_ The Court noted that a�atp's interest in pmtectingthe qvsl¢y of urban life is one that must be accoxded Ligh respect_ Id_ �-�-2-t �.1� y �J • NE�.s� SECOrm�Y Er�CTS � � d � � � • ing this ordinance, the plara]ity opinion of t.1ie Court reaff"u-med the doctrine that a government regulatzon must have a real and substantial deterrent effeet on legitimate eapression before it will be invalidated.�T The Court said the ordinance was not an invalid prior restraint on protected egpressiau because it had neither the intent nor the effect of sugpressing speech but was aimed at eon- troZiing the secoadary effects eaused bp adu]i businesses on sur- : rounding wses2e - In another landinark decision regarding a municipalit�s attempt to contmi secondarp effects allegedly caused by adult bvsinesses, City ofRerzton v. Playtime The¢tres, Fnc., the Court upheld a Renton, Wash .on, zoning ordinance that, atthough not ban� adtx�t businesses altogether, did pro]u�bit them from locating within 1,000 feet of any residential zone, church, park or schoo2 � The Court held that the Renton ordinance did not restriet First Amendment rights, as the purposes of the ordinance were unrelated to the suppression of sp2ech and the restrictions were �he least intrusive means by which to further the government's interests.� Part of the precedenE set by Renton is a three-prong test stipulating that an ordinance must: (1) Be content neutral and aimed only at curbing secondary effects, (2) provide alternate avenues of communication and (3) further a sub- • stantial governmental interest_ F4�.rther, the Court stated for the first time that a city mterested in restricting the operation of adult businesses was not required to show adverse impact from the. operaiaon of adult theaters in its own community, i£ no such e$perience exisEed, but could instead rely on the egperiences of other cities as a rationale for supporti�g the passage of an ordinance.� The court of appeals had found that "because the Renton ordinance was enacted without the benefit of studies specifically relati.ng to `the particuiar problems or needs of Renton,' the city's justifications for the ordinance were `conclusory nld, at 60. �Id. at 73 n_34 (plurality opinion). The Court remazked that the ciEy of Detroit had offered evidence that a concentration of "adult" movie theaters causes the area to deteriorate and become a focus of crime. Ftiuther, no such relationship was found for theatexs showing other types of films. Id. This mazks the first time the Covrt ez- plicitly mentions the term "secondary effects." The Court suggests t1�at "[iJt is this secondary effect which these zoning ordiaances attempt to avoid, not the ��sse**+� a- tion of `offensive' speech" tbat allows Ehe Court to find the Detroit ordinances con- stitutionally sound. Id. �475 U_S. 41 (1986). �old_ at 83. 3 ild. 3 zld, at 50-53. • (��j2'G Q, t �S o��Q� 362 6 COMM. L. & PoL'Y 355 (2001) Supreme Courtmaintainedthatthe court ofappealshadplaced anun- necessary burden of proof on the city, ruling that Renton—which had no adult businesses--could rely primarily on eaperiences of and stud- ies produced by the nearby eity of Seattle as evidence of a relationship between adult uses and negative secondary effects_� Tbus, the Court ruled thatthe FSrstAmendmentdoes notrequire acityto conductnew studies or produce new evidence before enactingan ordinance, so Iong as the evidence reliedupon isreasonablybelievedtobe relevantto the problem the city faces.� Since Renton, a number of eities, counties and states have under- taken investigations intended to establish the presence of saeh sec= ondary effects and their connection to adult facilities_ These studies have, in turn, been shared with other municipalities and generally serve as the basis for claims that adult entertainment es- tablishments are causally related to harmfi�.l secondary side effects, such as increased crime and decreases in property values. Many lo- cal governments across the United States have relied on this body of shared information as evidence of the secondary effects of adult businesses.-F�rther, in most cases, cities and other governmental agencies have used the findings of a core set of studies from other locales as a rationale for instituting regulation of such businesses in their own communities. Xecent Applicatiorzs of the Secondary Effects Doctri3ae In 1991, the IT.S. Supreme Court began down the road to ex- �anding the "secondary zffects" 3octr:ae as a S�stiEcatio:x f: a t� tal ban on nude dancing. In Barnes a_ Glen Theatre, Inc., the �City of Renton v. Playtime Theatres, Inc., 748 F. 2d 527, 537 (9th Cir. 1984), rev'd, 475 U.S. 41 (1986). - �Id. at 50-51. See Northend Cinema, Ine. v. SeattIe, 585 P2d 1153 (1978). In Northersd, the Washington Scate Supreme Court held that the city of SeattIe had provided sufficient evidence of a need for a zoning code amendment aimed at pre- venting the secondary effects on the neighk�orhoods surround3ng advlt theaters. This evidence came in the form of "a longperiod of study and discusson of the prob- lems of adutt movie theaters in resideatial azeas of the City.° Id. at 1154-55. The city offered the VJashington murt a report, among other things, analyzing the City's zoning scheme and describing land uses arouad e.xisting adult motion picture tli� aters. In addition, the trial court heazd "espert testimony on the adverse effects of adult motion picture theaters on neighborhood chffdren and community improve- ment pmjects."Id. at 1156. In Rerztorz, �the United States Supreme Court found that the city in question was entitled to reIy on the evidence summarized �n the Washing- ton court's opinioa 475 U.S. at 50-53. �Reniorz, 4?5 U.S. at 51-52. 3 s501 US. 56Q (1991). � �l-1Fz(� • • • � ��'�1:� 1 VEGATNESECONDAEYBFFECTS � � f '"�� 3"6� enforcement of Indiana's public indecency law, which prevented to- tally nude dancing by indireetlp requiring a dancer to perform in no lessthanpastiesandaGstring,didnotviolatetheFirstAmendm . gnarantee offreedom of eapression. Led by ChiefJustice Rehnquist, a plvrality found tife anti-nudity ordinance in question was constitu- tionaIbecause itwasaimed atprotectingsocietalorder andmoratitp_� The Court had held in pre�rious cases tl�at such an objective repre- sented a sufficient government interest 39 Couching the decision as simPly supporting a constitutionally protected time, place and man- aer restriction of expression, the plurality argued that the Indiana statute did not proseribe erotic dancing. Instead, the Chief Justace az- gued, it simplp ensured that any such performance wovId incIude the wearing of scant clothing. Justice Souter's coneurringopiniongaveparticularattentiontothe notion of a state's substantial interest in combating the secondary ef- fects of adult eritertaimnent estab&shments. Justice Souter stated that the type of entertainment the Indiana statute was aimed at regu- lating was c'.eariy of the same character as that at issue in a nuumber of past decisions by both the Supreme Court as well as lower courts. He went on to suggest that it was th erefore no leap to say that live nude dancing of the sort at issue in B¢rnes was ". _. likely to produce the � same pernicious secondary effects as the adult fi2ms displaying `speci- fied anatomical azeas' at issue in Renton."� Souter then applied the precedent set forth in Renton, stating: In light of Renton's recognition that legislation seeking to combat the secondary effects of adult entertainment need not await localized pmof of those effects, the State of Indiana could reasonabIy conclude that forbidding nude entertainment of the type offered at ... the Glen Thea- tre's "bookstore" fiuthers its interest in preventing prostitution, se.Y- ual assault and associated crimes.^� 31 Id. at 561. �Id. at 569. 39 See, e.g., Paris Adult Theatre I v. Slaton, 413 U.S. 49, 61(2973). 40 garnes 501 U.S. at 587. 41 Id. at 582 (Souter, J., concurring). 'ZSee, e.g., California v. LaRue, 409 U.5.109, 111(1972); Renton v. Playtime The- aters, Inc., 475 U.S. 41 t1986); Young v. Am. Mini Theatres, Inc_, 501 U.S. 560 Q991). a e.g., United States v. Marren, 890 F2d 924, 926 (7th Cir. 1989) iazguing that prostitution is associated with nude dancing establishments); United States v. Dcerr, 886 F.2d 944, 949 (7th Cir. 1989) (same). uBarnes, 501 U.S. at 584_ " ssld. C � �E �.t�� @ 4W V '" � 3 � 6 COMM. L. & POL'Y 355 (2001? Thus, Justice Souter wrote that municipalities covId assunze that negative secondary effects result from nude dancing establishments when justifying regulation of such eapression. The Supreme Court most recently addressed the consfatutional- ity of reguIating adult entertainment in City of Erie v. Pap's AM. A fractured majority upheld an. Fsie, Pennsylvania, ordinance that, like tfie statute considered in Barnes, required a dancer to wear at least pasties and a G-string duri.ug a performanee.� A majority of five Justices agreed that the case called for the appLication of the O�rien test. Further, a ma}ority held that the Erie oidinance �uas aimed at the important gwernment interest of combating the harmful secondary effects associated with nude dancing. A plural- ity of four justice�not a majority of the Court—held that Erie had met this burden by reIying on the evidentiary foundation� set forth in both Renton and Young. '�120 S. Ct. 1382, 1384 (2000). In Barnes, Justice Souter vsed the secondary ef= fec�ts doctrineas a justification of tfie anti-nudity ordinance_ 501 U.S. at 584 (Souter, J., concurring}. In Pap's, the city adopted Justice Souter's zeasoning and argued that the same devaluation of the sarrouadiag azeas attn"buted W adult busiaesses can be atEributed to establishments featuring live mide enEertainment. See 220 S_ Ct. at 1394_ The city azgued that the govemment's vital interest in protecEing and preserving the d�ability of residential neighborhoods and business districts is a sufficient justification for the ordinance's incidental encroachment on protecEed es- pression. See id. st 2394_ 47 Id. at 1394. The Court cited the Rectorz precedent alIowing municipalities to rely on secondary effects evidence produced by other, similarmunicipaiities W fi*7fiii the evidentiarp buxdeb Id. Noae of Ehe justices in the fractured majoritp explained, however, how the requirement of wearing pysties and a Gstring would in fact re- duce pmstitution, sexua] assaults or other problems associated with places where dancers appear nude. "$Id. Justice Scalia, joined by Justice Thomas, rnncurred with the Court's major ity opinion, bnt For different reasons.'i'he justices held that the Erie ordinaace pm- lubifs not menIy nude dancing but the act of going nude at al�irrespective of whether it is engaged in for eapressive purposes. Id. at 1398 (Scalia, J., conclurin�. He fovnd the statute consLitutionaIly pP***+SK+ble because it was a general law regu- lating conduct and not specificaIly 3irected at expres�oa Id_ at 1401. As such, the ordinance was not subject to First Amendment scrutiny'at aIl. See id. at 1401-02. Justice Scalia suggested tbat there was no aeed to consder the presence or absence of "secondary effects" because the government was well within its rights in regulat- ing non-expressive behavior. Id. The opinion of Jnstice Sralia, when mmbined with that of Justice O'Connor, svith whom CfiiefJusi3ce Rehnm � JusEice Kennedy and Justice Breyer joined, left the Court with a 6-3 majority that the law was consititutional. Yet, there was no coatrolling opinion- In other words, the Covrt agreed tfiat Erie can regulate nudity, but could not agree on why. 49 Rentorz, 475 UB. at 83; Yourcg, 50ZU.5. at 564. -� . A_f�g i � �� NSK.��r� , � �^�' � �i..:.. �.; i i NEGATIVE SECOiv'DARY EFFECTS �� =z� ; � ss� - � � Justice Souter's Partial Disserzt irz Pap's Only a plurality of justices agreed.that the city of Erie had. demon- strated euidence of a compel2'ing government interest. Jusiice Souter disagreed.� In Barnes, he opined that the government could assume that "pernicious secondary effects" would result from the presence of nude dancang establishments 5 In Pap's, however, Justice Souter de- manded that cities such as Erie, interested in regulatingnude dancing ontfiebasis ofadverse secondary effects, shouldberequiredtoprovide germane evideace of a relationsTup between nude daucing and these secoadary effects. Ruefulty, Justice Souter stated: �� Careful readers _.. w�l of course realize that mp partial dissent rests on a demand for an evidentiary basis that I failed to make when I concurred in Banzes. ... I should fiave demanded the evidence then, too, and my mict�k calls to mind Justice Jackson's foolproof explanation of a lapse of his own, when he quoted Samnel Johnson, "Ignorance, sir, igno- rance.° McGrath v. I�ri.stensen, 340 U.S. 162, 178 (1950) (concurring opinfon). I may not be less ignorant of nude dancing than I was nine yeai-s ago, but af�er many subsequent occasions to think fiarther about the needs of the Fust Amendment, I have rnme to believe that a govern- ment must toe the mark more carefiilly tt�an I frrst insisted_ I hope it is PnIightenment on my part, and acceptable even if a little late.� In his opinion, Justice Souter questions the evidence used by mu- nicipalities of a relationship between adult businesses and negative secondary effects, concluding that such z re1_a�onship c�xx �c lenge: be presumed from past studies � In support of his position, Justice Souter eited an amici brief that contained a condensed ��mm�r; of the critique of effisting secondary effects studies reported below.� sold. at 1402 (Souter, J., concurring in part and dissenting in part). sigarnes, 501 U.S. at 584 (Souter, J., concurring). 52 120 B. Ct. 1382 at 1403-04 (Souter, J., coacurring in part and dissenting in P��- �Td. at 1405-06. �Id. �Brief for First Amendment I,awyers Association at 16-23, id. (No. 9�1161). Justice Souter stated: The propostion tSat the presence of nude dancing estabIistxments increases the ino- denre of prostitution and vioIence is amenable to empssical treatment, and the city couaa7ors who enacted Erie's ozdinance are in a po�tion to look to tfie facts of their owa cammunity's T•;�rce as well estaPxpP**=�•.� eLsewheie Theirfailure to do so �.J �, � � ��.� � 366 6 CoMM_ L. & PoL'Y 355 (2001) Ea�lua#irag the ITalidity of Secanrlary Effects Studies Since the secondary effects doctrine appeazs to be egpanding, it is imperative that it be based on solid evidence that the opera�on of a� adult entertai.nment business has a deleterious. effect on the sur- rounding community. Unfortunately, when munieipalii3es have con- ducted studies in the past, there has not been a set of inethodologieal criteria or m;.,;,r,� ��-� � whieh the eities were requu-ed ta adhere_ Without such standards, cities may be relying on flawed da- tabases_ `Phis pmblemis further compounded wtien courts allozvpae- vious sEudies, conducted in other cities, to supglant data collected in the citp where the ordinance is being proposed. A flawed study repli- cates errors across Iocalities. It makes little sense to generalize to the e$periences of other eities on the basis of what may be an invaLid in- vestigation in the first pIace_ The basic requirements for the acceptarce o€ scientific evidence, such as secondary effects studies, were preseribed by the Supreme Court in the 1993 case of Daubert u. Merrell Dow Pharnzaeeutic¢Zs, Inc.ss Zn D¢ubert, the Cozu�t held that tliere are limits on the ad- miC Sibility of scientific evidence offered bp "eapert witnesses" in federal courEs. The Court noted that scientifie �owledge must be �ounded in the methods and pmcedures of science and must be based oa more than subjective belief or unsupported speculation. Offering observations as to how this eonnection can be made, the Court provided a list of factors that federal judges crould consider in rQl�g on a proffer of eapert seientific testimony, incIuding the no- �on of falsinaniii'ry, peer review and pubIication, error rate and ad- hereace to professional standards in using the technique in question.� Since a core set of studies has been and continues to he relied upon by hundreds of local municipalities as evidence of negative serondary effects, a central concem must be the methodological rigor, and therefore trustworthiness, of these studies. 7'his is particularlp true when the Supreme Court rem that a municipality establish that such regulations are necessary to further the governmentai interest cussncilors who enacted Erie's oxdiaance aze in a positioa to )ook Eo The facts of thp1T own cammunity's eaperieace as well as W ezpeaiences elsewfiere. Tlxes faxlise to do so is made aIl the cleazerbq oae of theamicusbriefs, 7argeIp deooted W the a, a that srientificalty sound studies show no such mrrelatioa. Id. (Socter, J., dissenting}. ss�09 U.S. 579 (1993)_ S�Id. at 590. �Id. at 593-95_ �� :I7E5 � r �.J � � �' _. ._ NEGATIVE SECONDARYEFFECTS '3S'F' of ameliorating secondary effeets and that such regulations are no broader than is essentia7 to the furtherance of such mterest_ To evaluate the vaiiditp of the seeondary effeets studies cited bp communities across the country; this article wi11 abstract and analyze the methods and major smpirical findings iu the reievsnt reseazeh_ With few eaceptions, the methods most frequently used in these stud- ies are seriouslp and often fat3lly flawed. Speeifically, these studies do not adhere to professional standards of scientific inquiry arid nearly all „ n;versally fail to meet the basic assumptions necessary to calculate an error rate—a test of the reliability of findings in science. More im- portantly, those studiesthatare seientificallyered�le demonstrateei- ther no negative secondary effeeEs associated with advlt businesses or a reversal of the presumed negative effect. TDae Core Set of Frequently Cited Sci�raiafae 3tud8es of Seeondtary Effects - Amassed for this studp were a large body of laws enacted for the regu3ation of aduIt entertainment businesses and as many as possi- ble of the empirical and non-empirical reports eRam;n;ng potential secondary effects of sucfi businesses produced or purportedlp relied • upon by municipalities considering the issue. Often, the law�usu- ally municipal ordinances—contain "preambles" that specifically set forth which of the various "secondary effects studies" the municipal- ity is relying on as justification for enacting the particular regula- tion. Presumably, these studies are listed in order to comply with the Renton requirement that a municipality rely upon evidence "reason- abI;l�Leved to �e relevant to the grob:2m tha� the ci�,� ad,',�-eases."so The interest is in eaamining the methodological legitimacy of ev- erp "study" cited by municipalities as containing evidence of the rela- tionship between aduit entertainment businesses and negative secondary effects. Several steps were taken to obtain as many such studies as possible. First, several attorneys I�own for their experi- ence and egpertise in the arena of adult business regulation were contacted and asked to provide lists and, when possible, printed cop- ies of studies that they were awaze had been cited in municipal and state zoning ordinances. Second, the citations found in each of the obtained studies and zoning ordinances were seanned for additional studies on secondary effects. FSnally, several additional individuals S Renioa v. PlayEime ^lheater Inc., 475 U.S. 41 {Igg6); Young v. Am. Mini Theatres, Inc., 427 U.S. 50 Q976); United States v_ O'Brien, 39I U.S. 367 Q968). 6 DRenton. 475 U.S. at 51-52 n26. � �►--(-2� � , d �t � }+ .' : •. , ��. 368 6 COMM. L. & PoL'Y 355 (2001) u that have egpert Imowledge in the area of adult business regulation were asked to supplement the list of "studies_"� In ali, a total of 107 reports were eventually obtained. To be ineluded in the anaiysis, each report musE have been cited by at �east orie municipatity as evi- dence of a relationship between adult entertainment businesses and negative secondarp effects. Although it is more than likely that not every single "secondary effects stud�' is included in this review, the egtensive Iiterature search nevertheless resulted in a large and, more importantIy, a representative number of such reports, This study has located, collected and analyzed the vast majorif.y of "studies" that communities purport to rely upon whea enaeEing regulaiaons of adult businesses.� First considered in detail are the four most frequently cited (and relied upon) studies of seeondarp effects: Ind.ianapolis, Indiana (1984),� Phcenia, Arizona (1979),� Los Angeles, California (1977)� and St. Paul, Minnesota (1978) 6 A� can be seen in Table l, these studies have been cited as evidence of the relationship between adult entertainment businesses and negative secondary effects by no less than 27 different municapalities. fihe problems that have been fouad in these four reports 9n regard to misunderstandings of their "&nd- ings" and methodological failings (discussed in detail below} pertaia as well to the neat s� most frequent2p relied-upon reports_ Discussed negt are these six studies, in brief, at the end of the review of the four �AII of the reports inclnded 'm the anaiysis were obtained by contacEing the spe- c�c communiries and munie:ipalities that originally sponsored or produced them. �It shovld be noted t.�at although the studybegan with 107 mnnicipal reports ad- dressingthe relationship beEween advlt entertain.ment businesses and negative sec- ondary effects, and althongh a]arge percentage of these daim to reppyt "scient.ifrc" evidence of such a relationsb.ip, this anaiy9s found only 29 of these studies to con- tam empirical data. A number of the remaining 78 reports smplp mntained the minntes of citp plannmg coaimittee meetings during which options for the regnla- tion of adult busmesses were discassed, pthers simplp conf,ained samples of arrest reports from inside adult entertamment bueinesses. Needless to say, such informa- tion did not meet even the most basic criteria for empiriral evidence_ However, such studies f�ave been vsed (often consistently) as representingempu�icai evidence ofthe relationship between adult entertainm.ent busmesses aad aegative secondary ef- fects. �CITY OF INDL4NAPOLLS, II3DL4NA, ADULT ENTERTAIISMENT BUSIIQESSES IN Ixnu�rrnroias--Ax Axeussts (1984). �CTTY OF PFIOII7�, ARIIANA, RELATTON OF CR�t.rnr. AC�VIRq AI.7D ADIIyT BU��'� (1979). �CITY OF LAS ANGELFS, CALIFORNFA, STUDY OF 'THE EFFECTS OF THE CONI,'ENTR 4TiON OF ADULT ENTER'tAINN•ENT ESI'ABL�ITS IN THE CTTY OF LOS AxGEi.ES Q977). �CTTY OF ST. PAUL, MII�7NESpTA, NEIGHBORFIOOD DETEBIORATiON AND TAE LocaTTON oF A��a Ec�cTnn�rnuaa2 Es�rns�. ar S2. Paui. (1978). • • O�e��.p� • � NEGATIVESECONDARYEFEr�Ct 369 � I \ I C � � � • • � �• ai :A� i a � � r . �^ • � :,r: a�� :r�� r � : � '�`f : M� s__ � - � r� � i- �a;�8��, �a. (2ss4): _ DaIIas C19S6�, The Brona f1995? RamseP'C1990), Manchrster, NB., Bxmktyn, biinn. Bea�ont (1982), St PauI, Dfmn. (1987l1988), RSmes Sqaate, N.Y. (1993), Newport News, Va Q996), %ansas City, Mo. (1998}, Faicon Heigfit9, Minn (199�, F}i�ey, bIma., Brooktyn Park, M'ina, Manatee Coimty, F7a-, L➢nnwood, Wash. (1990), Oklaboma City Q986), New Sanover County (1989), Hochestet/Olmsted (1988), Seattle (1989), St C7oud, Mma (Z982), St G4o� (1993), St Panl (1994) 2 Phcenis, Ariz. (1979): Dalles (1986), The Brona (1995), Sk Paul (1994), Ramsey (1990); Manchester, NS3., Bxooklpn, M�++ St Panl, Mwa CL98Zli988), Times Sq�xe, N.Y. (1993), Newport News, Va (1996�, Minnesota (1989), Sansas GSty, Mo. Q998), Falmn Heights, bIinn (1994), �Yidiey Minn., Brookiyn Park, Minn., Manatee Crnmty, Fla, New FIanavei- County (1989), Rochester101msted Q988). St Clond Minn. (1982) 3. I.os Angelea, CaL Q97�: Dallas (1986), The Brons (1995), Browazd County, Fia, Times Squere, N.Y. (1993), Newport News, Va (1996), Garden Grone (1991), Bellevue, Wash (198�, Ma„hAt+=., (1994), Seattle (1989), St Cloud, Minn. (1982), St Paul, Minn. (1994), St C4va (1993), 4. �St Panl, D1inm (198'n: DaDas (1986}, Ramsey (1990), St Paul, Mian. (1981/1988). 75mes Square, N.Y. Q993), na��c� asss), s��e, w� ass�. s=�kt Minn-. Falcon Heighfs ra�. (�ss4>, Brooklya Puk, Mian., M�aatee County. Fla, Lpnnwood, Wash (1989), �b�er/OlmsFad 5_ Anstin, Tez (1986): Da➢as (1986). The Brona (199b). Menchester, N.H., Broward Connt9. F'la-. Kansa.. G1t9 Mo. (1998), Manatee Counry, Fis., Manhattan (1994), Seattle (1989), St. Clossd, Minn. 6_ St Pau), Minn Bzaokfyn, Minn., RSmes Square, N.Y. Q993) Minaesota (1989), Sansas City, Mo. (1998), Fakon Heighte, Mivn (1994?, �id1eY, Minn., Rochester/Olmsted Q988?, St Cloud, M;,,., (1982), SL �atil, bGina (1SSF) 7_ A. Dallas (1956), Beavmont Q982), Newport News, Ya (1996), Manatee County, F3a, New Hanover Count9 (1989), S� GYoia Q993), SL Paul, Minn. (1994) 8. Detroit, Mich. <1972): Be2umont (1982), 7]mes Square, N.Y., Q993), Bellewe (198'n, New Haawer County (1989). St (,4oia (1993) 9. Beanmont, Tea. (1982): Dallas (1956), Newport News, Va (1996), Manatee County, F'la, New Hanover County Q989), St Croi4 (1993) IO. Bent, Wasl�_ (1982): Des Moines, Wash, Bellevue, Wash. Q98'n, Lynnwood, Wash. (1990), Seattle (1989) � A�t7,3 �� 370 6 COMM. L. & POL'Y 35� (2001) most frequentip cited studies. Aceordingiy, the concerns that are out- lined beIow apply to all of the "top ten" relied upon "secondary ef- fects studies " And, virtuallyz all� of the reports that have been analyzed have these same failings, often because they themselves re- lied upon earHer "studies" that contained the same flaws discussed below_ . . :r :. . . r. � ��+ r : :� :a�,• . i ra� s u In an attempt to preveat the groliferaiaon in courtrooms af "jcmk science," the United States Supreme Court in D¢u7»ert held that there are limits on the admissibility of scientific evidence offered by "e$pert witnesses" in federal courts.� The Court opined that scien- tific Imowledge must be grounded "in the methods and procedures of scieaca" aad must be based on more than "subjective belief ar unsup- ported speculatio�"� Thus; the Court said, "the requirement that an eapert's testimonp pertain to `scientifie �owiedge' establishes a standard of evidentiary reliability."� In a footno�e, the Court ob- serves that "(i]n a ease involving scientific evidence, enidentiary reli- . obility will be based upon scientifac ualidity." Offering "some general observations" as to hovc this connection can be made, the Court provided a Iist of factors that federal judges could cronsider in ruling on a proffer of eapert scientific testimony: (1} The "kep ques- tion" is whether the theory or technique under scrutiny is testable, borrowing Karl Popper's notion of falsifiability.T� (2) Although publi- cation was not an absolute essential, the Conrt noted that peer re- view and publicataon increased "the likel�ood that substantive flaws in methodology will be detected." (3) Error rate. (4) Adherence to professioaal standards in using the technique in question. (5) Fi�aily, though not the sole or even the primary test, g�neral acceY tance could "have a bearing on the inquiry." VPhile it may not be necessarp to hold municipaliiaes to each of these considerations when weighing the validity of evidence substan- 6 lDaubert v. Merrell Dow Pbarm_, Inc., 509 U.S. 579, 590 (1993). �Id. at 599. �Id. at 590. �OId. n.9. T iSee id. at 593 (citing Knxi. POPpEx, CONJECi'URES nxn REF[7Ta'PioxS 37 (5th ed_ 1989))_ "nld. "See id. at 594_ T^See id. �SId. at 593-94. • . NEC�� SECOrm� E�crs �� - `� , > ( 3� tiating the e�stence of secondary effects research with aduit busi- nesses, at least two factors are indispensahle. J� is at least a testable proposition that secondarp effects may re,�,;lt from adult estabiish_ ments, or else a study would.riot have been undertaken in the first place. It can be fiu-ther presumed that a lengthp peer revie� and pun- lication process may be unlikelp dne to the sense of urgency when communities tend to address. these issues. In additton, ghe generai a�P�� re rniir emeat is held to have a bearing but is not an absolute consideration. The third and fourth factors, however, the eaIculation of an error rate and adherence to professionai standards in usfng techniques or procedures, need to be applied to these studies in order to ensure "evidentiary reliabi7ity." y� ��s reliabi7ity there is no basis to determine whether there is a substantial or im� portant governmentai interest inwIved, whether a specific piece of legislation is "necessary" in order to further that interest or whether it is "reasonable" for a municipa&ty to reIy upon such a study as a basis for enaeting legislation. In a scient?fic study, the error rate refers to the probabilit'y of ac- cepting a result as true, when in fact it is faise. The rate is an indica_ tion of the reliability of a finding, t1n error rate is determined by first calculating an estimataon of a population ehazacteristic (a staiasti�) � that summaz-izes the data that have been collected and then as�ng how likely it is that that statistical value would be obtained by chance alone. The error rate is the degree of chance a scientist will allow. In the sociai sciences, it is conventional to set the error rate at five per- cent or less (that is, a researcTier will tolerate an error rate of five times out of 100 that the results may be obtained by chance).�a Uniess ceriain as��mp}�on aze met, statistical tests canuot be ap- plied to the data, and an error rate cannot be calcuIated_ Most impor- 76 'Phis is perhaps the most important notion underlying tivs reseax.�h. g,es�]}� saggesting no reliable and/or valid evidence of a relationslup between negative sec- ondary effects and adult entertainment businesses wwld mean that the rnurts would need seriously to reconsider whether municipa&ties indeed have a substantiai interest in regu7ating sucfi use� � the very least, it wouId sug�est that most, if not �' n'�°P��s �th �odified restrictions on adult nses have based their justifip_ tion of such restrictions (according to the reqvirements set fortfi in Yourzg and Renton) on inaccuraEe data TT $ee JACOB COHEN & PATRICIA COH£N, Appi.rFn lyjjJi,1qpLg REGRFCGiON/ COxRELATtON Arrn[ YSIS FoR 2xE gF.FyqVip g�� 166-76 (2d ed. 1983); DAVm C. HOWEt'L� `SSATISiTCAi. 1�ETHOAS FOR PsY�oLOCY 349-$0 (4th ed. I997); GEOF� KFS�, DES[cx nrm Axntssrs: A.RFS�zc�x's Hnxnsoox lfvt--65 (3d ed. 1991) RosExT R Pncarro UNDERSTANDING STA1'LSTtCS pS TI� $gHAV�Og.yy Sc.'�tvcFS 2l�lfi, 384 (Sth ed. 1998). °8 3ee COHEN & COHEN, supr¢ note 77, at 21. • '�II � — y�. 3,� j i 372 � 6 COIv� L. & POL� 355 (2001? tant of these assumptions in regard to, for eaample, survey. reseaxeh, is that the units of anaiysis (for example sun respondents} aze randomly selected from ihe poplrlation, Qr in regard to an egperi_ ment, that the units of analysis (for egample, subJecEs� aze randomly assigned to egperimental and control or comparison groups. The results of properly conducted eaperiments and surveys are alwaps couched in terms of an error rate. In many cases, espeeiallp in field research, it is not poss�ie ta ran_ domlp assign units of anaiysis to an e�perimental groug and a control grou p .80Tlusisunivers allytrueof"secondarpeffects"stiidies siG9hen this is the case, adherence to a set ofprofessionaj standaz.ds �hyt have been devised by scientists in a particular area of mquiry to insure methodologicaiintegrityand thus thevalidityofastudyis a1i the more necessary. These standards vary somewhat depending on the area of inquiry or social science discipline, but thep are generally lmown as professional standards for condncting "qnasi_eaperiments_"� �'our G�rzteria for Insuri�rg rz Scienti fic�lly Y¢lzd Study of Secondary Effeets The majority of the secondary effects studies reviewed in this arti- • cle generallp assume the foIIowing form.lizsearchers assemble crime statistics and calculate average properLy values and other general measures ofneighborhood quality or deterioration (for e%ample res- idential turnover rate, local tag revenue, etc.) in the geograplzicat azea surrounding adult entertainment businesses. In a few studies tnese measires are compared to oEher areas that do not contain aduit businesses. Another popular data gaf,hering method is to perform a survey in which residenFs or business owners are asked for their opinions of the likely impaet of aduit entertainment businesses on their neighborhoods. Four criteria aze crucial in,. that a scientifically valid study of secondary effects has been cronducted. F7rst, in order to insure accu- rate and fair comparisons, a control area must be selected that is truly "equivaIent" to the area containing the adult entertainment busi- 7s�e EAEU' Baas�, Tx� p�� oF SoCt21. RES�nxCa 202-10 (8th ed. 2998); ROYCE A.S'S7GLETON, dR ET AL., APpROACHES TO SOCIAL RESEARCt3 13651 (2d ed_ 1993). eOSee Doxnr.n T. C.sr�sEra, & Juuarr C_ ST� �� A ,,� Qun:s�>��iwras. D�c�rts F'ox I�sFaxcx 34 (1963). 81 ObviovsIy, it is not posgble randomly to ass� adult businesses to some neig'n- borhoods and hold other neighborhoods as mntro]S_ �See C2a�HE[.Lg STprrt,gy, supra aote 80, at 3�72_ il�lr � � �� NEGATIVE SF,CONDARY EFFECPS �� 373 '' � � ness � Since most studies of seconclaiy effects attempt to uncover in- creases in crime or neighborhood economic deterioration, professioaal standards dictate that the control (non-adult) site must be comparable (matehed) with the study (adult) site on variables re- lated to crime aad deterioratio� Of particular i.mportance when studyingcrimeisthatthestudyand controlareasarematchedforvari- ables such as ethnicitp and socioeconomic statns ofindividuals inboth azeas. Additionally, economic factors, such as median home value and total individuals empioyed and unemployed, should be comparable in both areas.AconcerEedeffortshovld alsobemade toinciude oniv com- pmpertp values, rental rates aad progortion of unused coa�erc�al and industrial space in either azea The study and control areas in a cr�e study should be appro�mately equal in total population. Finally, because of the ef£ect of businesses that serve alcoholic bever- ages on increases in crime and neighborhood deterioration, the study and control areashouldbe matched onthepresence ofatcohol-serving establishments.� " Second, a sufficient period of e2apsed time, ideally both prior to and following the establishment of an adult entertainment business, is necessary vahen comgiling data in order to ensure that the study is not meaely detecting an erratic patEem of social acEivity. Most meth- odologically sounct, quasi-egperimental, time-series analyses rely on at least a one-year period prior to and after the introduction of the event under study to test for significant changes. Generally, the lon- ger the time period before and after the event under consideration, the more stable (and more valid) the estimates of t7?e eve�t's effects tend to be.� Third, the crime rate must be measured according to the same valid source for all areas considered.� Studies on seeondary effects typicallp focus on two general types of crime in re]ation to adult en- tertainment businesses. These two types of erime are "generaI crimi- nal activity" (including, but not limited to, robbery, theft, assault, disorderly conduct and brea�ng and entering) and "crimes of a sex- ual nature" (incIudi.ng, but not limited to, rape, prostitution, child molestation and indecent public ebposure). It is especially important that the measurement of these crimes is based on the same informa- tion source for both sites and throughout the entire study period. For �See BaBBIE, sapra note 79, at 213-Z? �See, e.g., G1TY OF ST. PAUL, MTNNSSpTp Supra note 66. �See SiIDrrGLETOx Er Ai.., supra note 79, at 213-41. �See C.Sl�BELL & STnNLEY, supra note 80, at 5, 9. � ; o�,� � 0� 374 6 COMnL L. & POL'Y 355 (200I) . examgle, if the study area measures crime by the number and tppe of calls made to the poiice department, Ehe control area must a.Lso relp on such a measure when �he two areas are comparecL in addition, 8he crime information source must be factually vaiid and reliable, such as a daiiy Iog kept bp golics or a compilataon of the number of arrests. Many studies claim to measure area crime by ask- ?ngsurveyrespondents abouttfieir estimates ofthelikelihoodofbeing a victim of crime. Such data are not preferred because oftheir subjee- tivity and as such, cannot betrustedas avalidrepresentationofactnal cri.minal activity in a particular azea Social scientists should hesitate to rely upon such "evidence" to estab7ish a causal link betmeea adtilt businesses and secondary effects. 7'he Daubert standard suggests such informationmaynothave snfficient "trustworthiness" tobe admissi- ble in a federal court. However, if such subjective opinion research on crime is to be undertaken, it should conform to the standards for con- ducting reliable and valid survey research. Reseazchers must aLso ac.�owledge any cha.nge in police su�veil- lance techniques once an adult entertainment business has been es- tab7ished in a particular community. Obviausip, increased surveillance of an area simpiy because an aciult business is located there will have an impact on the amrnmt of crime detected by the po- lice. If increased police surveillance aad the opeIIlIIg of an adult busi- ness m a particular area are confounded in this wap, it is impossible to tell whether crime has increased due to the presence of the actult entPrt �n eat business or increased surveilIance police discovering more crime. �'ivall survey researcn, ii reievani to iue question at alI, must be pmperly conducted. Most surveyresearch in this azeainvolves as�ng real estate professionals, Iocal property owners, law enforcement offi- cers and/or community resideuts to estimate the effect ofthe presence of an adult entertainment business on a partieular community. Less frequently, surveys of citizens' perception of crime and victi.mization aze also undertaken. While subjective surveys may prnvide a sense of the general opinion ofaparticulargroupregardingtheimpactofadult entertainment businesses on surrounding neighborhood property values or criminal activity, this �nd of survey does not provide sound empirical evidence of any true relationship between these businesses andtheiraetualimpactsonthe surroundingareas. Forinstance,while the opinions ofreai estate professionals are legitimate and important in regard to other matters, they have a particularly strong interest in the issue and as sueh, map produce biased results_ Survey evidence is not comparable to, nor can it replace, the evi- dence supplied by objective comparisons of, for e%ampJ.e, property � • • NEGATNE SECONDARY EFFECTS o � ° /;�. � �375 vaIues and/or crime statisEics compiled bp fi�e po2iee witliin areas containing adult entertaiament businesses, with propertp values or crime statistics within areas confzining no such businesses_ Such a comparative anaiysis is tlie preferable soeial scientific means by which to establish a relationship between the prssence of adult en- tertainment businesses and either decreases in property values or in- creases in cri.me for the suixounding azeas. _ Even if some survey research may be relevant to the issue at hand—although we doubt whether it truly is—it must b e properly con- ducted in order for the researcher to calculate an error rate. Profes- sional standards do effist for performing methodologicalIy valid sociai scientific survey reseaz�ch so thatit possesses somedegree of�Iiab�ity and trustworthiness. Adherence to these standards is essential if re- searchers hopeto obtainlegitimateunbiasedsurveyresults_ First, itis important to ensure that a random sample of potential respondents is included in the study.S Second, a sufficient response rate must be reached, and those who do respond must notbe abiased sub-porEion of the sample. Finally, there must be a su�cient number of respon- dents to provide a stable statistical estimate 8 'I� FOUR MOST �'REQiJENTLy CYTEID STUDIES " i 'I'he four most frequently eited studies and the degree to which they are scientifically valid according to the criteria laid out above az'e ��T^T*�aT��ed in Table 2. Tiie studies aze desen"bed below, includ- ing their findings and conclusions as well as their methodologieal strengths and weaknesses, in reve*_-se order ef hosv oftwa thep hav� been cited by municipalities. St. i'auI,l6Yayan�sot� (1978)� This study represents the most methodologically sound of all of the empiricai research reviewed. Ironicallp, the St. Paul study does not claim to have found any support for the effistence of a relation- ship between seaually oriented adult entertainment busiaesses and negative secondary effects_ 'I'he study was methodologically stronger than most others for at least two reasons. First, the researchers eaanvned all 76 census B�See Ba.sSTE, supra note 79, at I76-82. �See id. at 240. esSee id. 90 See C1T'Y oF ST. Pai7i„ supr¢ note 66. • � F-1 c t / 1 ��-�.0� � 0 � � � m � 4 W .E. �i U +"L'. F �.7 � W ill � � � A W U � E w U � � W �. w �� w � O �� k � F (� O �t �� wo U � U �� x� es � W � � y m a m g>�� c� m� m� 0:2 ��_`o� m a �� m m o 9 � c� m o C c G �� o c �� c C b m o m O m C�� 3 m� G 7� C O L'] C � �Sc m U:�m'm �avm� -�osv�m ° ovm w 5�.� Gm� omp om. m�o m U m c. �y m 0 - m m i w m m � �� o+� d �� m L m¢ ��o� m�� o.�. ' m '' .-. 6' O o y , �o m Tz 6�_'�m3�m v ° ° m r�� t �� o m.�`o °`.$ m� � m b�r oL m� �° am c.� � m U6 r. oo m�i�?g:= c= o0 �m.c S z V "'7 � msya 20 �.. s '° m 3 3 "° 0 m � m V C 0 OY � G p s'O V c� Y 0 0 La� �� tnm�z 5�_4�„ �"mmc< U � � m o c� m �O m a'L CI o= + a 2 m z.' m E Z' m E 6 = �� o �> m a ..�, m � � a m � � m e m�z mo�..., ��Em a E `� m m°'m�. 6 m°'' m'° e.�c� m'a mt� F �m,,��m`om "v m°uEa� mom m m�i�_,�c e� e� c G °*0+"m_°. oym.,umo o T '�mt m a . 1 m� -' o3tmv E 3�mv � � O y 9 m� •= Q� m A �F Q EO m� L O tlC m m r° $`yd oam o`m'L�a �m � E z H G n'Qa q°'Qa �, °� `� `d `d m y m �.-, a... a.^. '� ¢ � °± m� m� c m W `'O ��p m.� V m 0 �a E �'� �� 7' � C. C mC ?�j � � m� :o � G o v a� T m v k � x p s. m � C } + a " m ' m m L�. m �. � � c � E � a � c° m•-, 3 � 3A e � w m m.'� ��, � .., m� �� T� m �G m �ms m s m� 0 . y ¢ � � a N ° � � � ° Q o ¢ o m a tl� o � � � a U G e � m � _ � °' z � m � � � m U � 3 m �� ,� �� y �Q OW .� rl � � • / 1 • �w � • ;`'vJ NEGn� SECOrannxy Er�crs 377 �� LJ • tracts witbin the St. Paul region_"The authors compared all tracts eontaining adult entertam.ment establishments with alt of those that did not_ As such� the study eY��*+�red the entire geographical "study n negating tlie need for random a�c;�,,,ent of control areas or the appmpriate matching of selected eontrol azeas to the study area Second, the study, which crompared levels of neighborhood de- terioration for study and eontrol areas, maintained a substantial time Iag between the first measures of deterioration and the second. Deterioration was determined by e%am�n;.,g crime counts, housing vaiues and market and legal influences over the study period. There- fore, changes in neighborhood climate between the first and secnnd measures are more I�ely representative of reliable neighbor}�ood changes rather than erratic fluctuations in social activity. The most important aspect of this study is that it found absolutely no relationship between segually oriented businesses and neighbor- hood deterioration: In fact, the studp found that the only factor that was predictive of neighborhood deterioration was vchether an alcro- hol-serving establishment was operating within the area. No rela- tionship was found, hawever; between neighborhood deteriorataon and tlie presence of establishments that both served alcoholic bever- ages and offered live nnde entertainment_ Z.osAngeles, E;alifornia (1977)si This study is perhaps the most often incorrectly refereneed of any empirical research investigating the effects of adult-oriented busi- nesses on surrounding areas. In fact, although it 9s the third most re- lied-upon giece of ree�.zrch t�a* �ras fc�3 s.:p�s�dIy esta ;;i�g the relationship between adult-oriented businesses and negative so- cial repercussions, the researchers actually never claim any signifi- cant support fos such a conneetion. 'I`he study report consists of four parts. In the first part of the study, the researehers openly admit that they found no evidence of a relationship between the operation of adult entertainment busi- nesses and potential negative effects. These conclusions were based on the results of a comparison of the average property value changes for five study areas and four control areas. Each ofthe five study ar- eas was chosen because it contained a l�own cluster of aduit enter- tainment businesses. The four control areas were chosen because of their pro�mity and supposed similarity to at least one of the study areas and because they did not have an adult entertainment business 9 �,See C1TY OF LOS ANGELES, supr¢ aote 65. � � �' �'� � 3 �$ 6 Co� L. & PoL� 355 (2001) QP�'a�g within their borders. All of the study and control areas were ia $ollywood, North HoIIpwood or Studio City. 7`he researchers reported that it was difficntt to find any consi� tent increase or decrease m pmperty values associated with adult businesses. Results of the comparisons found that for some study and control area comparisous,�there was a far-larger dee�ease in the control (non-adult) area Such a resuit is contrary to the assumption „ nderlying the secondary effects doctrine (that adult establishments themselves cause a decrease in properEy values). Sim.�azly, at �east one study (adnit) areas increased in yalue by more than 400% over their comparabie control (non-adult? area Again, this result is d% rectly opposite to what one would egpect to see by asc�T.n;ng a con- nection between adult busiuesses and secondary effects_ Given these objective findings, the reseazchers stated that there is ".__ insuff_ cient evidence to support the contention that concentrations of seg oriented businesses have been the primary eause of these patterns of change in assessed vatuataons between 1970 and I976 "� It seems that those who have incorrectly referenced this studp as sapporting the relationship between adult entertainment businesses and lower property rates have simply disregarded the preceding statement by the studp's authors. The second part of the Las Angeles stuc}p claimed that survey re- sults suggest that public opinion is stronglp opposed to the operatzon ofadultbusinesses. Such a "study" doesnothingmorethanattemptto gauge subjective opinions and does not then serve to answer the more relevant question of w�e��er a�ult businesses aeivally cause second- ary effeets_ In addition, even in this subjeetive endeavor, the research- ers faited to adhere to m;,,,n,� professional standards by failing to conduct the research in accordance with proper surcey tech- nique�-mostimportantly, theyfailedto obtainarandom sample ofre- spondents. Without adherence to the �requirement that a random sample ofrespondents be obtained, the studyaufliors cannot calculate an error rate, aad the reliability of the resuIts cannot be determined. Instead, theLosAngelesstudyauthorsareleftwith anon-randomsur- vey of the opininns of potentialIy biased property owners and real es- tate professionals who each lived and/or worked within 500 feet of an adult entertaiament business. Such a"survey" offers no insight as to whether aduit establishments engender secondary effects and is not even representative of the broader public opinion on the issue. �Id. at2� 1 � ; - _,.�, :.;�:�i � u � J � NEGATNE SECONDARYEF£ECTS �� " �� ,°' ��379 Inthe thirdpartoftheLosAngeles study, theresearchers openlpac- l�owledge that they found no signifi cant differences in crime rates be- tween the census tracts encompassing the areas containing adalt entertaiument businesse� azid areas containiag no sach establish_ ments_ This part ofthe st oi an ega,,,;,,�t�on ofthe crime and population statistics for each ofthe census tracts containingclus_ ters of adutt entertainment businesses. On1y tracts containing the clusters of adult businesses considered within the study areas for the fu'st part of the study (ciisciissed above? were considered. These data were then compared to those obtained from the census tracts contain- ing eaeh of the comparison control (non-adult) areas used in the firs� part of the study. Both se�.s of data were analyzed aad crompared over time in order to determine any significant differences concerning crime rates. The study authors concluded that in general there were no signif cant differenees in crime rates between the census f,racts en- compassing the study (aduit) and control (non-adult) areas and that no firm conclusions relevant to the siudy couId be developed_ The fovs-th and finai part of the Los Angeles study involved a"spe- cial"police studyofthe areas ofE3ollywood containingclusters ofadult entertai.nment businesses. However, the researcfiers failed to adhere to eventhemostbasicandrudimentaryprofessionalstandardsbyFail- • ing to attempt to make a comparison of crime statistics in these ax.eas with those in comparable controi (non-adult) areas. The researehers failed to compare the areas surrounding adult businesses with compa- rable control (non-aduit) areas. In addition, the researchers admitted to a substantiai change in police surveillance of the azea under study, wbich renders any results at least suspect and most likely �sean�- less. Althoughthefindings ofthis study suggestedhigh levels ofcrimi- nal activity within these clusters, any implieation that this is connected to the presenee ofadult businesses is invalidated by the fact that the reseazchers admitted to "stepped up^ sur� within these azeas. Put simply, the po&ce most likely found geater amounts of crime in the adult establishment areas because they were trying harder to find it. These failings and problems take this portion of the study outside of the reliability criteria of Daubert discussed above. Phoe�a�.x, Aazzorca (1979)sa This report presents the findings of a study performed in Phoenig that attempted to eaamine the relationship between adult entertain- 43 See CITY oF PHOENIX, supra note 64. • � �� x. .�, ��.� �.� % 380 6 CoMNt L. & POLT 355 (2001) ment businesses and locai crime rates. This study ciaimed to fnd higher overall cr�e rates in study areas containing aduit-oriented businesses compazed to controf"azeas containing no sueh busiaesses. However, the evidence o£negative secrondary effects was equfvocal at best_ In addition, the studp fails to adhere to professional standards because the crontrol sztes ar.e not sufficientiy comparable with the study site and these was not a sufficient period of time foi the collee- tion of data, both prior to aad fol�owing the estabiishment of an aduIt entertainment business. �he time control is necessary to ensure that the study is not mereIy detectiag an erratic pattern of socaai activitp. The researchers selected three geographicallp diverse studp areas, each comprised of one census tract in which at least one adult enter- tainment business was in operation. They further selected three con- trol (non-adnit) traets Iocated directIy adjacent to �he study traet. An atEempt was made to match each of the three control areas with the study azeas on several dimsnsions, inciuding the numbe� of build- ings built since 1950, the median family income, mediaa population age, percentage of acreage used residentially and percentage ofpopu- lation that was non-white. It is essentiai that the selected studp and coniaol azeas be accu- ratelp matched, but the matclvng of study and control ceI]St15 tracts for this studp was unacceptable. The median income for study area 1 was 30% lower than that in the matching control, con- trol area 1 had a substantiatlp �eater number of buildings buitt SI.II I950 than the corresponding stndy area, and study areas 2 and 3 each had significantly lower median income levels than did their matc:hing control areas. Since income and crime levels aze generallp inversely related one might eapect to see higher crime rates with lower income irrespective of the presence of adult busi- nesses_ These failures to sufficiently match the study and control azeas suggest that this study does not adhere to acceptabie profes- sional standards for scientific research_ In addition, there was an insu�cient period of time, both prior to and following the establishment of an adult enterEainment busi- ness for reliable measures of crime or economic deterioration to be obtained. The study was limited to crime rates for a one-year pe- riod. Because of the extremely short period of time, one cannot be sure that the study was not merely detecting an ertatic pattern of social activity. FinallY, although the study &ndiags suggested that avera;l crime rates Rere higher in each of the study areas than those for each mat �hina control azea, a composite index of "violent crimes," which included murder, robbery, assault and rape, was a]so cronstructed. .�-� 4 J��1 . • • � - E.� '�� . � � NEGnTivE SECO?vDnRY EI�'FECTS 381� Each study (adult) yrea showed a lower rate ofviolent crime (inclnd- ing rape) than the matched crontrol (non-adult) area Iu addiiaon, the rate of ebild molestation was higher in the controi (non-adult) areas than in the matched study{adult) areas. The results of the studp of- fered, at best, equivocal evidence of the reiatio�ship between crime rates and t7ie operatioa of adult entertainment businesses. Indiarzapolis, Indiancz (T 984)� This study appeared to be the report most widelp cited and refied upon by muaicipaiities as evidence of negative secondarp effects_ Regardiess of the prablems with this reporE as �� t� �_ maTY, the werall study offered equivocal findings regarding the supposed relationshig between adult businesses and aegative sec- ondarp effects. More importantly, in a sub-az.ea analysis most rele- vant to the question of the reIationship between adult businesses and secondary effects, lovicer rather than higher crime rates were found in all study (adu�t bvsiness) areas when compared to control (no adult business) areas. In addition, the overall study failed to adhere to rudimentary professional standazds of scientific evi- dence, and an error rate could not be caIculated due to a faiiure to • meet basic statistjca] asy�mptions. The methodological problems with tIus study can be summarized as follows: (1) The control sites were not su�cientiy eomparable (properly matchec]) with the study sites. (2) No measurements were taken prior to the establishment of au adult enter+-a;n,,,ent busi- ness to ensure that the stuc}y was not merely picldng uu an already estabIished crime pattern that is independent of the aduIt busi- nesses in the azea. (3) There was a potential confouxiding effect caused by adult entertainment businesses that supplied both segu- ally oriented entertainment and alcoholic beverages. (4) The re- seazchers did not adhere to **�;n;�,um professional standards by failing to conduct a survey study of real estate professionals in ac- cordance wifih proper survey techniques. Beyond being purely sub- jective, the most sfa ]imitations of this survey study were that it asked a national sample of real estate appraisers who were not from Indianapolis to consider onIy a hypothetical scenario concem- ing adult businesses in an unspecified communit� �� S �._ vey resulfs are not appIicable to the question of whether an adult 44 See CITY OF INDIANAppL75, supra note 63. • y a ��.� � (�; ��... �� 382 ; 6 COMn� L. & POL'Y 355 (2001) business would have a negative (everi sabjeetive) effeet upon prop- erEY values in the Indianapolis area. TTae Indianapolis study cron�ained reports of.four separate anaIy- ses. Each had significant methodoIogical problems that undercut its reliabilitp. . While the first set of anaipses purpo� � show that higher crime rates were associated with aduig entertainmQnt businesses, the researchers failed to adhere to minim pZOfessional'stan_ dards by not properly matching sEudy and control aress and by not ��u�g a suffi�ient period of i3me prior to the estab]ishment of an adult entertainment business for croIIeetion and analysis of data In this portioa of the report, the reseazchers compared crime rates for sis study az-eas contaiaing at least one adutt entertainment busmess with erune rates for sia control areas congaining no adult entertainment businesses. The study authors attempted but failed properly to match con�ol and study areas on a number of criteria, incIuding zoning mig, popuIation size and age of housing stock_ Sig n�ficant differences effisted in reference to the zoning m� within the majority of study versus control sites. Ia addif,ion, the control sites were 39% more heavity popuiated than the study sites. Since population density and zoning mig are often associated with ]ugher crime rates, any cIifferences found between the study and conixol azeas could verp we1I have been due to these factors rather than the presence of adult businesses. Another problem with the study was f.hat it did not inciude a suffi- cient period of time prior to the establishment of an adtit entertzin- ment business for the crollection and anaiysis of data 'I'his �ack of a measurement some time hefore the aduit business locaged i� }� �.� made it impossible to determine whether fndings oghighe�. or lower crime rates in either area were associated wigh �e op�.�on of adult ehtertai�meat businesses or whether the study R•as simply detecting aa already established pattern of criminal activity- �inaily, also problematic was the fact that at Ieast one establish- ment that served aicoholic beverages was included within each of the study azeas, whSle this was not the case for each of the coatrol areas_ As at least one studp has found evidence that the presence of alco- hoi-serving estab7ishments az.e associated with higher rates of crimi- nal activity,� this must be viewed as a poEentially serious flaw (confound) to the study's validity. Qne would e$pect to see hig7ier crime rates in areas that contained establishme �at served alco- %CTTY oF ST. PauL, sunra note 66. �j� /� � 1 S� r� LJ � • � Nr,GATtvE SEC6NDARY EFFECTS _ � holic beverages, regardless of the presence or absence of any se$uaIly oriented bvsinesses. - Particularly interPSting was the fact that the Indianapo2is report ineluded a sub-area anahm;c that found lower rather than higher crime rates in all areas vchere adult businesses were loca.ted com- pared to controI (non-adult) areas. This analpsis involved a compari- son of crime statistics for a smaller sub-area of the larger areas considered in the first analysis descn'bed above. The reseazchers ea- amined ¢ime rates in a 1000-feet radius around the adult businesses in the studp areas. T4iep compared these crime rates to those within a I000-feet radius around a random centroid located within the con trol areas used in the first anaiysis_ This portion of the studp would then appear to be the most relevant of alI to the question of whether adult businesses create or cause secondary effects in the areas imme- diately surrounding them. However, this sub-azea analysis found lower crime rates in ail study areas compared to control azeas. Z`he Indianapolis report authors also claimed to have found a sub- stantiallp smaller increase in property values for the study areas than for the control areas: However, the reseazchers failed to adhere to min;T professional standazds by not pmperly matching study and control areas for this analysis. T`his portion of the study was � therefore unreliable from a scientific standpoint. The analysis compared the average home mortgage value and av- erage number of homes sold for the control and study areas dis- cussed in the first study, as well as those for the ceater township area. Since the data came from the same studp and control areas discussed in the first analysis, these data are fraught with the same methodological problems associated with that data set (that is, the study and contml areas were not properly matched). The average mortgage vaIues in the study areas were initiallp 49% higher than those in either the eontroI areas or the central township area As such, the finding that the average mortgage value for the control areas and centrai township area increased by 77% and 56%, respec- tively, while tfie study areas saw only an average increase of 26%, can be egplained as the result of what is �own as a ceiling efFect. The study area values may have initially been far more inflated than the two comparison areas. Thus, it would come as no surprise that the study areas saw a smaller increase in property vaIue than the comparison areas. The vast differences in initial morEgage val- ues associated with the failure to properly match control and study aseas rendered the two azeas f� too dissimilar to coasider as suit- able. comparison groups_ Finally, it shouId also be noted that de- spite the greater increase in mortgage values for the control and � �t� !� �( �'�j �� F�� -' � �'� 3 � 6 Coa�M_ L. & POL°Y 355 (200I? center township areas in comPa,.;�o to the study (aduit) azeas, the study azea sti11 maint.ained a��er average morEgage value when �e finai measures were taken. The fourth analysis descn in the Indianapolis report included fihe resuits of a national survey of inembers ofthe Amerfqn Insti_ tute of ReaI Estate Appraisers. The data eoue�on for this anaiysis was fIawed in three R•ays. First� �,�, reseazch on perceived likeiy deterioration effects is compjetelp subjeetive and does not answer the question as to whether there are secondary effects associated with adult establishments in terms of actual propertY values, such as average home grices or other economic indicators. Second, even in this subjective anaIysis, tLe researchers failed to a�ere to mini- mum pmfessionaI standazds bY f�ing to conctuct the study in ae- cordance with proper survey techniq�es. �,]g�ou� a random sample of reai estate professionaIs was obtained, f.he response rate was uaaeceptabIp low (only one ihird of ihe respondents returned the questionnaire}_ ��her, no error rate was calcuiaged for the percentages reported in the study, �{r'��out the caiculation of an er- mr rate, the reseazchers eannot estabiish a"confidence intervai" az'ound the percentages caleaiated in the study Th;� yS especiaily troublesome given the fact many of the findings hovex.e� ��d the 50% mark_ Without some indication of the confidence one caa p2ace in these estimates, it is uncIear if the majority or a minority of respondents projected a negative impact if adult businesses were to r l m o � cate in a community. t IIIT and even more problematic, the sampled apnraisers were asked only to consider a brief hypothetieai situation concerniug a middle class familp that lived in aa area in which an adult bookstore would sooa be opening in a nearby building. The respondents were asked five questions concerning },�e Po�ntial effects on the value of the famiip's home. fi fatal flaw in this studp is f,hat it asks a nation- allp selected group of appraisers—none of whom were from India_ napolis—to consider only a hypothetical scenario. Thus, it has little to sap about how an Indianapolis commnnigy aPP�er might actu- aliy view the vaIue of a home in Indianapojys (i� �� a�estion was evea truly reIevant to the secondary effects doctrine). � r� LJ Suanmary of tTae Six ptJaer Most F'reqrsently �teferencad lieports Table 3 provides a brief description of the methodological features ofeach oftheremainingstuclies inthe "top ten," andallu.stc.atesthe de- � � , � o . • � � � � U O m A O O C� � O G-. � �i � R'i U � � � W U � E F w � m � � A W U z � w w � z �' a 0 E � � U r�] � 0 � �U �� a� w �� v � � H m � z �:' � o � — � o � 386 `.�. � 6 GOr�mt. L. & PoL� 355 (2001) gree to which the studies are scientifical�y valid The rema,n;n � most fi'equently referenced studies ia aesceuding order were reports produced by Austin, Tegas. (1986), St. Paul, Minne�� (1987, 1988), AmanlIo, Teaas (197�,9s Detroit,ltifichigan (1972) Beau- mont, Tegas (1982)I� �d Kent W the reports by Beauaioht and Detroit�,�ar� t 2u��o ofthese, B��ont "study," for eaample, is merel a r P ��' �e Planning depaz�tment ofthat munici a& y �Ort P�Pazed by the lation ofadult businesses_ The rPm P;�' ��e�ganeedforreget- tO �nimum pmfessionai gfour reports did not adhere ingto meet oas or more oftfies�fo�rnecess�d Scienti&c reseaz�ch bgfa�_ Thestudiesproducedb Aus ' �criteriadiscassedabove. compare neighborhood Y tin, St. Panl aad Amarilto aIl failed to ues) for azeas con � ��e rates or property vaI- taz�ng adult entertainment businesses with con_ troI areas cont no �� businesses. In additioa, these three stezdies failed to inciude measures of neighborhood characteris�ics over a su�cient period of time, both prior to and foIlowing the estah- 1i.shment of adult entertainment busiuesses. Ft�rther� the Kent study, which contained a report of an attempt to query neighbors of adult business establishments, failed to adhere to even the most min_ . imal professional standaz.d� for groper survey reseazch, CONCLUSIONS T��S �cle has abstracted and analyyed the methodolo� and ma- jor empirical findings of studies purPoTting to eletect s�c�ndary ef- fects of adult businesses_ It fias deaionstrated, wi�h few eaceptions� that the scientific validit� of the most frequently us� ��es is questionable and the methods aze seriously and often fatally flawed. These studies, re&ed on by communities thronghout the country, do not adhere to profassionai standazds of scientific inquiry a�d nearly ail faiT to meet the basic assumptions necessary to calculate an error rate_ Those studies that are scientificalIy cred�ble demonstrage either %C1TY OF AUSTIN, �,q,g j��p�RT ON ADj7yT OR� (2986) �SS�s IN Avs�r 97 C2TY OF ST. PAUL, MINN�,qp.p� ADULT ENTERT�p (19H?)' GITY OF ST. PAUL, D'IA ADULT A 40 AGRE ST'f7DY '1'KE 1987 ZpNa7G S1vDY (1985)- � TO 98�� OF AMdAniO �S> �PaRT ON ZONING AHI} QT't.IEg jyj��0A5 OF RECCrz.r,�rc Anui.T ENraxTnar� IN p Qs77). �CITY OF DETROTT, MICFIIGAN, DETROTT'S APPROACH TO REGULATING "ADULT USFS (1972). 100 CTTY OF BF ��G��ON OF ADIILT USPS (1982}, iDi �,'ITY QF $ENT. WASfIA76TON. (,'ITY QF KENTADiR.T USE ZONING STC7RY (1982)_ �� i -tqO � C � � �;�- �.�;�; � NEGATNE SECONDAI�Y EFFECTS 3g7 no negative secondary e�'ects associated with adult businesses or a reversal of the gresumed negative effects. Specifieaiip, this article applied four criteria for methodological validity and found that the_majority of studies failed to meet at least one, and ofEen atI, of these criteria F`irst, a number of studies at- tempting to compare areas containing aduit businesses to areas cou- taining no such businesses. failed to inelude comparison (control) azeas that were su�ciently matched regarding importaut character- istics, such as age of housing stock or racial make-up. This lack of comparabilitp between study and control areas prevents researchers from determining whether neighborhood deterioration is related to the operation of adult l�usnesses in an area or that some other eon- founding variable is respons�le for the outcome. Second, a number of the studies using neighborhood crune measures have collected these statistics impmperly. Although maay studies gathered legiti- mate and consistent measures of crime statistics, such as police ar- rest reports oaer a suffieient period of time, a number of others used less scientifically acceptable measures, such as cross sectio�al survey results of residents' opinions of levels of crime. Third, the majority of studies failed to include a sufficient period of eIapsed time, both prior to and following the establishment of an adult entertainment busi- • ness, when me��ng the relationship between the presence of advlt businesses and a number of negative outcomes, such as higher crime rates and lower property values. Without a sufficient study period, it is difficult to determine whether a relationship e�sts between adult entertainment businesses and negative secondary effects, or whether the data are simply a reflection of an erratic pattern of local activity. Finally, most of the studies tnat included survey resuiis uti- lized non-random and therefore biased samples of residents and/or business owners, rendering them scientifically invaIid. Even if ineth- odologically valid, such studies offer only subjective opinions con- cerning the impact of adult businesses and provide little, if.any, evidence of actual nega�ve secondary effects. The studies reviewed here have been (and continue to be) shared across communities. As such, the methodologicai flaws found in these studies prevent them from being used to establish a suffxcient government interest in the regulation of adult busiuesses within a particular community. However, these unsound studies have �een repeatedly misused as evidence across a lazge number of other mu- nicipaIities. For eaample, the Indianapolis study is cited by no fewer than 22 communities as evidence of a relationship between aduit businesses and negative secondary effects. This study contained sev- eral substantial methodological flaws and found evidence both sup- • G�t� Q�f 9/ � �:. ' -. ,1 i 388 6 CO� L. & PoL� 355 (200I) �_ � porting as well as rejecting a�a�qe secon potential e�sts that as_ many as 22 zoning ordinances have been founded on a false premise a$ottt f,he subs�� government inter_ est in regulating the loeatioa oF these busiuesses. Although not speciffeallp mandating such, the United States Su- p� C O� m Pap's may be perceived by some municipaliiaes a� Permitting the e$tension of use of these flawed studies to Ehe regula- tion of eapressive con�uct within aa aduit business as a basis for up- holding an ordinaac to regulate nudity on the ground that �� a reskiction would serve f.o eIiminate negative secondaiy effeets of such eapression_ Such regulai3on wovld be based on the same false premise as the zoning regutatio� addressed ia Young �d Renton—that there is vaIid evidence of a substantial government in- terest at s�e, and },�g these types of]aws furEher those interests (if thep indeed e�st).ioz nn rationale�t in�P �s joined byJusEice �msbnr� Jnstice Stevens arg¢ed that tioa for ce.n,9oriag �de dan tension of the secondary effects doctrine as a jtystifica_ (2p�) �� J., g City of Erie v. PaP's A.bL, 120 S. Ct. 1382; 1406 and eatended to the��P�• This doeErme was originaay developed 'm O�rierz Yourzg. Stevery4 wrote t� },�fi� ��o �esses as a Jastrlication for zoning m have foand such an aPP��lion of t�he secon�� orities of the Supreme CourE sumPtion� couI be a� li'� t '� stud3�9 �ects xationaire no m�eth odologi- ca1tS 4aw PP ande dancmg � be unfounded. Id.�at 1408-08 He foiv�s of eapression such as tovra�rds ��IIe, as it had previovsiy been a lied Eo ��e� that the secondary ��ng that there emsEed no cIear r�att"onale for est endin this d� taiIored J�frcationforthere�ul�{zonofeaprys,Qyecon},�t,�dthatdoingsorep �t�a dangerons extension of censorship. Id. Stevens wrotc Unta1 aowthe "secoadaryeffeds" of commexrial en Caurt L now�� the xegulgtion of the's 7�af g�mdeceat enter_ SP�h_ Indeed, � that sach effects map.l�'�9 the total ��, the P�t9 oPinion cdncludes that �res�on of protected ofa State's interests �yP�de the basis for �n i, a�mittedlY trivisl advaacements attempt to zep7ace t6e &acrtur¢d P- The Coart's commendable ��' unsv� it is supp�oxt�.d nea��b . with a sin�e coherent rationale ��g� 9 P�edeat noz by peisuas�,e � Id. at I406. Jt�s�� g}�, y� Stated. To believe that the � noticeabje impacE oa ��on ofpasties aad a Gstriagwill Lave the imPlauseble.Itwould be m�ore�ecc�sarte�ac�°tow�dgshmt ofa titanic suxxeader W t6at ttxereis no resson to believe that such a r Be, asJIISTICE 3CAISA dces, ��tt�disease' toattradaimeendp ctit=u�o�anda�ce�stersezu- ZtL at 1409 (ci},mg �o�� '� J}��a�� J�ts�ce Stevens, Eherefore, viewedErie'saati-nn anunwarrantedandineffectiver espres�on Justice Souter noted t�� t�� d been an advlt bu - ��on oa nance on the books in Eriefor 23 years bef'ore the anti_nndi o� ZO °�' tY rdiu�r� ffi qaestion �` /�.�19 Z L • � n � NEG.sTNE SECONDARY EF'F'EGTS 3�� Even if the studies underta�en to ju.stify zoning were not scisntifi- �ll9 �Wed, there aze a number of other reasons why it may be inap- propriate to eatend the secrondary effeets doc'trine to the regulation of nudity, FSrst, anct perhapsmost obvious, tliere have been no stnd- ies that have been specificaIlp designed to measure the impaet of nu- dity per se on adverse secondary effects. pfmost use wouid be studies wherein rates of adverse secondary effects for areas surrounding aude dancing establishments aze compared to those suri�ounding es- tablishments where pasties and a g-striag are required. In the ab- sence of such a direct test, ft caanog ana shoula aot be assumed that the studies reviewed here, even if inethodologically sound, Would generalize to the regulation of nuditp_ � In faet, from a soeial psychological standpoint there are several factors that may prevent the generalization of the evidence coIlected to justify the application of zoning regulations to the regulation of nude danciag. For eaample, there may be substantiai di{�'erences in the chazacteristics oi the patrons who frequented the adult estab- lishments studied to Justify zoning compazed to those who now visit establishments offering live nude dancing, Ftu�thex.� the earlier sec- ondary effects studies were conducted to address the problem of aduit businesses that purveyed e%pgcit depietion of segual inter- eourse and other seaual aets, whereas nude dancing does not invoIve such eaplicit performaaces. In addition, live entextainment may pro- duce substantiaIly different effects than filmed or videotaped acts. E'inally, the interpersonai element oflive nude dance establishments must be considered. Viewing a live dancer and later perhaps interact- ing with that dancer may produce significantiy different outcomes than viewing erotic movies or the other fare usuali9 Purveyed in businesses considered in earlier secondary effects studies. Until these questions are addressed through scientifically valid empiricai reseazch, the applicability of the secondary effects doctrine to yet an- other azea of speech reguiation is highiy qnestionable.io3 had been used to censor nude danciag_ However, the city bad not eaforced this ordi- nance. Justice Souter indicyted t�yt the anh_nudity ordiaance did not represent the least restrictiye means for curta.'l;,, � e g-� bem�e the city had not en- forced its less restrictive yo� ordinance and had instzad chosen to apply a total ban on nude dancing, p,s suc� {�e yn{s_nudity ordinance failed the fourth prong of the O�rierz tesG Id. at 1405 (Sonter, J., dissentia�J. lo Alam�a Books Inc. v. Los Angeies, 222 F.3d 719 (3th Cir. 2000). fihe N�� Cu�t fias addTessed the applicability of studies rnnducted on adverse sec_ ondary effects for a particular purpo� },p ynother, arguahiy uare�ated concera. Id at 724-2g_ The aPPPay� �i� �� a lower court's decision to stril;e down a Los Angeies ordinance prohSbiting the operation of adult businesses that both sell aduit products and contain.faeilities for the viewing of adult movies or videos Zd at 728. �� o �.Q L� 3so � 6 Con� L. & PoL� 355 (2001} ?7ae Applie¢tion of Soca¢l , Seience Eaidence to fhe Regulatiorz o f Nude D¢ncang Because the anti-nuditp ordi�ance u�Qer serutiny in p¢p •s was so �;milar to that considered in B¢rnes, it seems - IikeIy that with its Pap's decision, the Supreme Eourt had hoped to repIace.the frac- tured decision in Barnes with a clear ma,joritY ruling. Such a ntling may have offered the lower couits, lawmakers, adult business own- ers and First ? scholars a coherent precedent towards which to look when corisidering the c:Qnstitutionatity of aati-anc&ty reguiations based on the secondarp effects rationaIe. Yet, while the Court's deeision in P¢p s appeazs to be another fractured decision, there may be more caherence to the ruling than ys at first aPPaz.ent. Five justices and thus a majority embraced the secondary effeets doctriue in pap's. Justice Souter, wfio dissented in part, not onlp agreed �vith the plurality's appgc�� of the O'Brien test to nude dancing as a form ofsymbolic speech, but, in theory, he also supported the secondary effects doctrine_ Justice Souter mereiy disavowed his assertion inBarnes that secondaryef}'ects maybepresuraed.InPap's, he questioned whether such a relationship hys been empmcaily dem- °nstTated in previous studies_ I� appears that Justice $outer is wiIiing to accept appiication of the secondary effects doctrine to reguIation of IIudit3` in a particvlaz comm � emP�� Q�dence of a relation- ship between nnde dancing and negative secondary effects can be ob- tained and, since his concurrenceisnecessaryto obtain amajoritythat the O'Briensecondary efforts doctrine appges� ghis opinionmayinfact be the Constitutional hoIding ogpap' Neverless, in P¢p s, tge Pju�.��, Provides room for challenges, based on the coIIection of empirical evidence, to the assertions made bY municipalities regarding a relationship between adverse second- arp effects and nude dancing. The pju�-aj� �, noted that the advlt busi- ness in questioa in Pap's could have challenged the City of Erie's assertion that nudity ied to ill effects but that it did not do so_ This leaves room for the introduction of secondary effects evidence col- The couri rejecte3 Los Ang� attemgt to use a study mnducted in 1977 (reviewed above), which eacamined the relationship of adverse seeondary effects and the con- centration of adult businesses ys evidence of a compelling goyemment interest to regulate single business witli combined uses_ T�e �� reasoned that the 1977 sEudy offered no informatioa on the effects of the conxbinarion of product_video booth within a sing�e business.Id at'124. "For the purpases of the secondary effects identified in the Las Angejes Study a solitary boogytore/azcade combmatioa is haz'diy of the `same character° ys a grouping of muttiple adult b�� establish- ments in a given geogx area." Id at 726 n_7. tIs snefi, the court refused W al- 1ow a lezp m Iogic �� y� �at of tlte pturali}y i� p ap's. � � • ��- �° �<«' ♦Y 4�H � 's+ m. �r L � i - . .1 � NEGn� SECOrmnxY Er�c2s 391 lected by adult businesses both in city council hearings and as a bac;c for court litigation. It is likely, based on the pluralit�s deasion inP¢p's, (that is, that the seeondary effeet"s doc�riIIe pertains to nudity regulations), eou- pled with Justice Souter's admonition that secondary effects must be demonstrated convincinglp�(that is, empirscallp), that future conrt rulings concerning the constitutionality of regulations of nudity within adult businesses will continue to involve an application of some form of the O'Brien test. Ia considering the compelling govern- ment interest prong of the O'Brien test, lower courts intending to re- main consistent with the Supreme Court's holding in P¢p's may be forced to consider the methodological legitimacy of any evidenee of a relationship between negative secondary effects and aduIt busi- nesses collected by municipalities and by business owners who at- tempt to challenge governmental regulations predicated upon the allegation of such a cronnection. In evaluating the admissibility of this evidence, the courts may be best served byturning to standards laid out inD¢ubert for ths admissi- bilitp of scientific evidence. The applieation of such standards, bol- stered by Justice Souter's opinion in P¢p's, may force the courEs to reject the studies previously relied upon as evidence of negative sec- � ondary effects, and require new, more methodologically sound, stud- ies to demonstrate a compelling government interest in regulating nudity. The courts should be mindful of the criteria designated above for collecting empirical evidence in a methodologically sound manner. Specifically, only evidence obtained using reiativeip closeIp matched control and eaperimental comparison areas shouldbe accepta�le. �r- ther, where possil�le, a time-series analysis should be undertaken. All indicators of neighborhood quality (for egample, crime rate and prop- ertyvaiues) must also be consistently measured across the studp con- ditions. Courts may then aceept any evidence (or lackthereofl thatmet all af the above criteria as definitive. Only such evidence of a relation- ship between adult entertainment businesses and negative secoadary effects shouldbe acceptable,both socialscientificallyaswell aslegally. In this article, it has been demonstrated that there is sufficient room for a serious challenge to the ae� made by communities across the United States that past studies of secondary effects show an empu-icaI relationship between adult businesses and negative ef- fects. Further, there is presently no legitimate basis for e�tending the secondary effects doctrine to the reguIation of expression within adult businesses based on these studies. City councils, municipalities and the courts aze best served by the collection of new evidence based on sound scientific standards. • . / Ll c � � � . � Received Mazch 28, 2005 . �� G�' -. =_-� _ _ ''.,_:".:-:.� . . . F� tc .. � ' . ��'��' . : � W ._ BY•. : . DR 1}ANIEL lIIVZ, Ph.D.' . AtYD . BRYAN'rPAUL� . PRFSENTID IN SUPPORT.OF:TFiEAMIGUS,CURIAE BRIIE�" OF THE FIRST A11�IDMEIVT LAWYHRS ASSO.CIATIOlY - - In its decision now under xeview _by:,this :Court, � the Nmth Citcuit ruled tiiat the Gity of I:cts Angeies had a substantial govenunental. interest . in - .reducmg, neightiorhood crimes that were pzesumatily,associated with the existence of ° adult" . businesses. Alameda Circuit 2001), cert. granted. - The primary evidence propounded by Los Angeles to establish this concem and to then justi(y a subsequent prohibiflon of "muitiple use" adult _ businesses, was a 1977 study undertaken at the request ° Professor, Department of Commcuucafion and Law and Society Pmgram, Univeisity of Califomia, Santa Bazbara. '° Ph.D. Candidate, Departrnent of Communication, Univeisiry of Califomia, Santa Barbara. . , . . . . App. l 1 � \ J � i � �! � �� A ✓V � �4 of the City Councii by the ciiy's Depaihnent of.Planni � in cooperafion with the-local police clepai�xient At issue for the Nufth Circirit dvas the question of wheth'er the latter regiilations �_devised.by SIie.City were designed to serve this. govemmenYal intersst: In #he case now before it, the Court will-Pxam�ne,j[ist what umterests are implicated by the 1977 I:A Shidy, "and _ evatuafe whether the Study could factually sexve,as.a basis.�or enacting the 1983 ordiaance.amendinents. that protu'tiit the establishnnent of "combination" businesses. In this paper, we attempt to aid the Court in examining these questions, while aIso sePki � to provide fiuther informalion Yo the Court c.oncPmi � its more general considerafion of the "secondary_ do�trine. - ; � 5 ��` � �:. followu,�a: - - E'ust, we eshablish_that the most°fiequentIy cited seeondary effects studies, • inclurIing ' the 1977 Los . An�eles 5tudy, show no : objective evidence of a relationship between the existenae an'd/or cqncentration a i _ _ _ .-�.-.»-�........�,.,. .r ....5.. . ... ....... ....�.._.. ....., raises Yhe question df whetlier there is an appiopriate foundation for enacting, under the justi6cation moniker- : of "secondary effects," an ever-widpnin� array of regulations directed at "adult" businesses. . Second, . we set _forth certain scientific, and indeed eommon sense, criteria that we .believe should be used in ° order to _evaluate whether any specific °secondary effects" study .can be expected to have suEficienY trustworthiness so that its results can be reasonably relied upon as the basis foi legislative App. 2 • � � � � � A '1 decSsions_' We offer these recjuiremenLs as reasonable th�sholds -that we believe shouldbe.iranscended 4vhen , _,_-, ,. consid � .aIIegafions. of °`secondary effacts" as a_basis for le�s]aiion. These.thieshoIcis'or_ciititai,questions tfiat may be - asked .about . a shidy w1t .perinif the _ Court to clistmgnish objective-and fair assetiions:of Yhe.existence of secondary effects from mere unfounded.allegations. � Third, we engage in:a criticzl revierv of the 1977 "secondary effecfs° stiidy imdeitaken at'tfie request :of the Los Angeles City Councl. uz light of these basic reqrifrements for reasonable reliance on a stud�s findings. We attempt to detemnine: What secondary effects, iE any, were found to be associated with "adult" establishments in the City of Los Angeles. Our review of this study finds that in most respects, that sEudy does no1 establish . a connection . betwsen_ t�ie e�stence of an adult bvsiness and incteases um crime :arid .inban bligftt and decreases. in propertyvalues.: We.find'thaf�the sludy does no6-even demonstrate the-.-general effects- of inereases in crime or decreases "ui;p;operiyvalues as the result of the .concentra6on of' such busmesses — ed effects conceming combinations of such at the same location. We further find that in those. few insiances where a connection is alleged or implied, the conclusions are predicated upon ". unscientific . ancVog flawed methodology so facially appaient that no cpurt should be able to conclude that a legislative body could have reasonably relied upon it as a basis for enacting certain regulations. Because. of the lack of true findir�s in regard to a connection behveeri adult businesses and App. 3 • � �� r, sx "� '� � negative secondary effects and the .-significarit methodoiogical 4aws -fo�md 'ui the 1977 5tuciy, . yye cbnctude thaY theie is certainly na snf5cient.jtishficafioii for the City of Los Angeles to be able to.utiIize �tiat Report m. order to pieclude "muItiple -use" adult businesses. � Fo�n we synopsize and review for-f}iis Cnuit a series of moze recendy, conducted "secondary eEfects" stucties of adult businesses. thaf do meet the liasic requ➢rements f.or reasonable reliaiice. These sEudies have been under�aken at the behest of not only fhe business estalilis2unents invoived, but also by at least one local govemmerrt sep�ng justification to . r ate �, . adult faciIities_ They measi.u�e the impact of.long�sting �otic etance. fae�ities in: 1) Futton County, Gegi�ia (a�.sq reported iri FTani�an'.s�'nterprises, Irzc a. Fultor� Corinty, 242 F.3d 976 -(l lth Cir. 200I)); 2) Charlottp./Meckienbtu� Covnty Noith. Carolina; and 3) Fort Wa}�e,.�nciiaAa.: Unlike:the-Los Ar�geles 1977 Study, ihese-uxvesiigations aie based_ on.so�d `seienti6c methodologes,ai�d�#iae r.esulls : obtained thereffrom are unbued with.:su�cierit trustworthiness sa. that they can be .relied .upon: �or Iegisiative .decision-makin�: . City of Los Angeles' contenfion ihat the 5nciu�gs of =the 197.7 Study can be appIied to the disiinct question of #he effects of cornbination-type business, such as Alameda Books and I�"igYiland Books. _. . Finally; we address the policy implications for _the secondary effects doctrine raised by . our analys,es contained heiein. - ' :4pp. 4 � � • ! �� I. .'The Ten Most Frequently Secondaig Effects Studies, Ineiudmg the 1977,L,os;�yeles Study, Show No -ObjeetiPe'Evidence ,of a :Rela�ianship .Between a Concentraiion" of Adult . Businesses and iVegative Secondaiy-Effects- As we established in.otir;A,,ppendix to the F"ust Amendment La�vyers ..Association Arnicus Brief submitted to this Court in Gily=ti�_'Erie v. Pap's A.M; siudies conducted pursuaflt to . sound methodological principles demonstrate no .coirelation between the presence of certain adult businesses�and the e�stence of surrounding negaiive seconilary ,effects (such as increases in the incidence of prostiriition and violence). See, Ciry of Erie v.' Pap's. A.M., 120; 5. _Ct 1382, 1403 n.3 (2000} (Souter, J., disseqring). -See also„Brief for Fust Amen dment Lawyers Associatiori:as_ tlrnicu Curiae., 16- �� 23, at.App. 1-29. _ , . F6llowuLg submission.:of�ovr•analysis of these oft- utilized . secondaxy. effects sttidies :to this Coutt, we undertook to e�and:upon that;ieview, which res�.dted in a paper submitted to the 'Annual Meetit►g of the � received a °Top" Three ;R_ c: �. Communication Law and Polic�}�' ; ( � review. That analysis.was then _, . � review and uitimately published � Govemmental Regulation of `t�d _� Zoriing and Anti-Nudity Or_ ',_ _ " r� Legal Myth of Negative Second' _ ' Commrvrication Iaw & Poliry, ?lql. ,:• ti; pp.355-391. App..5 efereed Papers in award followiiig peer- snbjected to turt.tier peer- : as : a: paper . entifled ulY Businesses through dmances; . Deb i11114IIg the ary. Effects, Paul, et .a[. 6, No. 2, Sprirrg, 2001, �� , a�:V,��. - - - .� _.��'`�� - _ ` v, _ ;'��rC . ' - . ^ � . . "'_'y`�? 'c3=i CEi, `�`� � � . � - ' c.1 _`{L'.��f _• . ' ' - �'✓ -' _ _ _ ?'Fy.�=._ ' ' ' . . " � : : ::\jF,�''�y'_;.:...'� �.( � _ . ' In"Pxari of tYie use5.:of-these ..�. ,,. .:.. Studie.s.. by"ixivnicip�liff�s�.=we- fqiuid a: cQnsistent �� •v- x�. .. . ::, tendency fo•incoftectI}�a`ssume that these sEUdie"s;:as-=a - group, shdwed�:eviden�'e:of problems attr�buted=to atluit facIIities:- � iVlunicipali�i��=fend'ed. -to iiiappropiiatel3� equate " the` suripl��fact" tYiaE a"study" had -.'b�en undertaken with positive evidence of `a relationsliip between adult tiiisiiiesses : and negative seconcla7y effects in a coinmpriitjz;: = Most municipatifies riever considered the inetfiodological vaIidity of these studies, nor did fhey even_ appear'_to have criticallye�m;ned=the : Studies in order to.detennume theu�hue findirigs. ; tn fac� two- of the ten `shiclies" - inost frequer�tly eited by govemment bodies .in, regard to regplating _ad.ult businesses (Detroit, MI and Beaumont, T� were not empiricai dafa coIIection efforts at all, or even tesiunony hom citizens, bui merely _ repoits cliscussing uses. Paul, etaL� at:386_ - Accozdir� Eo otu prev3ous analyses, tf3e 1977:Los . Angeles Study is"the. third lnosf freguentty useci study by municipaiities as a tiasis fbr-regulatirig adiilt..businessES. However, as we :liave �ofed the anthois of h�A72_ S e.s �ac _ ai[-clauned to -find rzo causai relationship between advlt.bvsiness,es and decreases ui property values: Further, we identified serious methodological -pr�blems associated witti � the Los Angeles Police 'DepaztrnenYs investigafion of .the supposed relationship :between adult bvsmesses and certain types of - c7iFninaI .activify. Therefore, .we concluded that the 1977 I:.A. Study did not-offer•even the most rudimentary form of scienlificalIy reIiable evicience of a relationship behveen adult uses and any fozm of negative secondary effect Paul, ehal, at 378-379. •., � C � • �; : - . _ _. Conuary to our asseriions;'�oweuer, Los_Angeles not only betieved thai. their Sfucly. fqimd :a relationship behv.een the concentration of %adult,_businesses within _the Hollywood seetion of:-_;tYie_ .;ciiy. and negaiive seco�idaiy effects, but it np�i!: cgiitends. fhat it is 'reasonabie to extend the findmgs of ttiat Study to- the que.slion.of the eH'ects of frtc7ivid�ai:.combination.type busuiesses, such as Alameda :Books -.and Highland Books. . . . Obviously, it is imgortant-to, acidress the Cii�s coatention that the findings of :the ] 9.'7.7 S[udy can be applied to this new question. _�e.addi�ss this in Part iT of the paper. = However, before domg so, we lay a foundation in Part dd wherevve first develop a.5et o�'.threshoid issues that shouid be evaluated in order.to detennuie whether a_`°secondary effects stud}�' can .k�e reasonablv reIied 0 upon .as. a .justiiicafion. _for .the_; ena reg[ilations; in Part III wheie :w gr.eater � detail and in light of these Los:_ Angeles SYucly conteins ;no ;� evidence of a mlationship lietween�i aclult :businesses and negaiive ;seec zent of laws and hen. describe in iricigles, why the :ntifrcally reliable n the exSstence of a�y effects in the with more. recenfly eonducte:d invesligations which " gFVen the -employment of s.ound methodology _— we ' lielieve then contain retiabie resiilts. , II. The Basie Requirements..for.-,Reasonable,Reliaance on Evidence Obfained From a�Sfudg_of #he Secondary Effecis of-r�dult Businesses. In our appendix to the Pap's amicus brief and as conPained in our recently published paper, we analyzed AFP• 7 � � ; �; '� , � ---�� . - guenfly eited secondary.effects:'studies in : Iight of a.Iist of criteria _that we °believed aze,�riiical m. oider. for - such evidence - to meet :fhe standai33s . of scient#fic retiabi"Iity as.defined _bythis �oint.inDu�beit v 1Vle» Dorv, 509 U.S. 579: (1993).� See, :eg., Pdu�tet a1.,. at 355-391. - the rnost fi-e _ Of: co�se, -we: do not confend..hei�._i inur?icipality cannot -rely ripon a seconciary effects as a.basis,for legislafion w�Iess and iuiiil that_repc been found to have met the elastic DduhpY _stai ��eT> � F��e criteria for a cotrit to :;ti�i detennining whether a municipality cai? .justifiabl upon such a stucIy as a basis for enactirig-;regvjatiz aduIt entertainrnent esPablishments, or. m;.the;�art words of this Co�rt in Rentorz u Playtiirze.77tea6;es 475:IJ.3_ 4I (1986) whether.a court can.consti#iifi; 0 in Inc, ,"`• .tic�acr,cu to .be -r.elevant .fo the con.ceins thaf .Ehe :mwjicipatity meant to addtess." Itl aC51-52: ' '- Succincfly .pat, we contend , that -.:before a n?T��?P�tY �an l��ably or reasonably �rely upon a Dd7�7CI7�ATrfi'irhr_�� -. 0.._.:e' e__ -. -. . ..: . rusc funendrnent freedoms -that �stu, .mast have ac least a modicum ot scientific validi �' ,� reliab'' h','Cand therefore itity), and.beshown to be re[evarit to,tF�e.groposed legislative enactrnents, F3owe�er, as :tve noYe:beiow; the grocedures used to insuze scienti6c : valiclity.; ; and reiiab?1�ty do-not differ substan�ially frorim-glaui::�iglish Principles that we irihu6vely aPP�Y to our �everyiiay decision-malflng. We have reviewed in our published paper a list of factors derived f�om the•Daubert�stanciaids �We note there that a inunicipaIity need not necessaiiIy. be'held to APP• $ , �� • n U Q��.�� each af those criteria-when.Iegislating. Pau[, 'et.al, at 370-371 _ We -do contend, however tFiat at least. two �f the Daubert factors_ 1)-design of the study ari error =rate cazt be =caicnlatecl; and 2) adheience to professional standartls in . ."�.� .#ectiniques . or procedures (most:of,wlpch are.designed to aid � the calcuiation af an erro.r rdte), shouI�:be foimii by _coiuts to b.e proceci�sal.prereqt�sites in.oider.�ormtuiieipalifies . to be able .to utilize _ them... as :a �basis foi zegiilating expiess�on. These-factois insuie "evidentiaiyreliab�ity ° Without this r.eliatiility,: there-is no basis to determine whether there .is. a substantial or important govemmental interest.uivoIved, whethei aspecifc piece of 7egislafion is "necessary" in, qrder. to fiuther that interest, or whether it is "reasonabie",for.a municipaliry to .re1y upon such a study ,as a basis for enactipg Rentori, 4Z5 U:S. aE5I-52;- )S1 � ,;;: In a scientific:study, -the;.error_rate refers to the probabiIity of accepting a result as.true,:when is in fact false. . It is an indication Qf •fTie zeliab�iry of a finding. calculate such a rate. The iesiilts of.pioRerly conducted surveys, experiinents and quasi,exparunents ar,e aIways couched in tem�s of an = error. . rake. Pzofessional standards that.aid in ttie calculation ofaa�a error rate.have been devised by scientists in a azea of inquiry is, consequently, als,o necessary :in ,oider to insure methodological integrity and thus the validity of a study. See, Paul, et al., at 370-372. Based upon our invesrigation of,ihe literature and studies both past and recent; we.haye.identified four App.9 • 0�-�� metfiodolo9�� criteria that _faciIitate _adheienee _tq ProfessionaL-.�tandards of.mquuythat.we:believe:s_hotiTd be coasiclerea before a cotu couid .eoncliia�;�f �� a report'couid �be reaso�7y relied _upon ut. order.to �tistify enaciinent of a certaiii regu�afion. � o�� acty_of secondary effect� Shoujd be eaair�ined foIIo " _- ernune whether theY answer or violate the �ig Pruiciples: - _ Cl) "Compazed to �vhat?° (2) " LS H]LS.N� d;OIIE�tiII1� tI}ike?°- (3) ."Is_ erime measured accoiding to a r�liable souree?" arid "dicl #he o crime fa "� ':' g verrunent go Iaol�g for, iiiore inves ' ators :� Its legislation?" and .C4) "Ihd . the � talk only to people who would give fihesn answeis they wanted to hear?" These 'Criteria �,,. - - �-� --_"•..` . �lu,�cwt nor a aPPi3', nor are they novel in-natui�.. W PPIY �iese .stanclards, in an inhritiye'{asfiion; _when maIang-roufifle decisions eveiy da - a�ong - us does riot R For _>e�PI?, �who � ask, when reliability,of a riezv ¢ar we_ �� t� .'�?ess >t�e are about.to;p��e� How does the;carwe'are consir�P,:.,R ....�__ . _ , _ = . � �a. uum that..n?anufaehir_er:in �e Past and it broke-down, was t�t a one=tirrie_pu�e or is ttvs a corisi.ste,�it, pattern with this branel? Ate ;we:su� we are�n,ot trying.to convince ourselves.that the.car-is more ieiiatile than it is because tlie car is fast ar�d y� a � �person abo��,ewotild. we'Iisfen onIy to,-:the ,car r?liab�ily of the vehicle or woutd we seek an objective seleciibn of op�ons about the car? . APP- 10 • � � -� ' - � O�-�O� �.':.S - A- ` to whaL7e? .. _ - =::� . . . _ Crime rates have bzen shorvti to be associated with a concentration of various _gioups of individuals and businesses.? Other:tfungsbe'mg�e4ua1, there are ap� for e.YaLnple, to be riiore, aiunes �.-a densely poP�ated urban azea than an undeveIoped hack of Iand where people, and therefore- "targets," .are few : and fai ' �• between. Accordui.��; fhe ;quesfron that shouId be -; ,; askecl is not whether tfiere is.any history crime in ihe - areas surrounding an achitt business (since v�agy aII busmess establishmeiits yvhere ihe public congregates, �� aduit and non-adult aIike, ti,�j d�o��te to some `�M � V degree.this "conneetion"), buf rather whether the� more crune in azeas surroundi�g adult faciiities .than othes type of business estabiishments situated in «; comparable areas. The same:i.c tx;�P t� ........:.......—. . --------� ��s•=•. ; .u -a,usmess •r�ay be placed, for exarnPie in a_cIepressed:area .Rtirsuant to zoniflg requirements, but that factor in=and-of itself, does not establish ,that the. adutt faciIity sorneiiow caused or exacerbated urban biight and:the'decrease of property values. Accordinglj•, in order.to insurQ that accurate and fair comparisons aze� being considered, a control or � F A Engstad E nvirqntnentpl.QPPortuni6es and ihe Ecotogy of 4 in'e: �me in Canadian Soaiery.(1975); D. C Dugala, C�nvenience stores, a�xned robbei, and physical enviroiu��j{�� - American Sehaviorai Scientist, 20: 227c29&. (1976). Dennis.W. Roncek and M. A Pravatu�er; Aa�p� �d�ce thaz taverns enhanceneazbycrune. SociologyanilSocialResP�mh,7p�185-188; Richard Block and Carotyn Block Space, plyce, and crune: Hot-spot azeas and hot.places of Hquor-rela[ed crime. In C�e and Rtace, edited by J.E Eck and D. Weisburd, Vo14 of Cxime prey�tion studies. Monsey, New York Crimmal Juspce Piess_ APP.:71 � >3 . �, _;; - . �_ � . .. o �� l��_� . comparison area rriust be _ selected ;Fhaf .. is. t�iily � ' „- ?:4��ent to_ - the _ area(s) -con. '�jj��g i Pfl}PTFainm ='�•'.:?' ,�1e �..adlllt ent .businessCes)- We,:;have ,�pieyiously etaborated on .the factbis that rnay e�sure=eQi�;a��ce - and fihe calculalion bf an error :rate -in =tlie- test bf clifferences.between the adult and cqnlrol:areas. Parzl, at 373. .: . B. "Is Ehis just a one-time IIuke?" A s�cient period�of eiapsed time, iaeaily both prio; to and fbIlowing the estab�� of _.aii aduit entertaumrnent busumess, is necessaiy�.ivhen_ compifimg . data in order fd.ensiae thaf'the_stttdy is not znereIy detecting an erratic or aberrant pattern of sociai activity. GeneraIly, the longer the tiine period.�rider studY,. the more stable and reliable (and more valid) the estimafes of secondary effects. L° "Is .crime measured. 'accorei�g`:.to ..8 source?" and �dia city or the-pqlice:go;lool'dng for mare crimey" The criine rate in a secondary be measured accordirig to the same�� —�-- ..-- u•-��,�:u,�s concem m detail in Paul, at 373-374, if is especiai(y:iinPoi-tatit..tI�at �e �easu�'emenf of Qiirie be fae _ reIiable; such as.a �??�Y vaIid, :and dailY log keP} bX-Poiice,of, ca�ls:�'or serv,ice; or a coi�p�ati.on of the number of �c£ual;,ariest,s. In . addition; . researshers = should also. �:aclmoiy�edge changes >in� police surve�llanee technigues._`pnee aduit entertainriient b.asinesses-have been es.tablished`rm.:a Particular commimity; as welt as during ihe_period itiat a secondary effects study is being_ underta�� Obviously, nnn-�z C � � � 5 2 _ . . _ �� fii�� - . fhe_amount of crime: "deteeted".by. D: . "Did -fhe inves ' ators �taYk .q_ �...-_:� ,., . .. � . . .. : = wouid gi¢e them answers they-wau Stuvey researeh, :if .-iel�raiit �t. adverse :. secondaiy . effects . ;:af'.::`all; _ conducted. F3i5tor�eaIIy,_ most su.`._ - - ,. _, asIarig.reaI. estate pioEessiona�s, _3" - law enfo�cement off2cers,,and�or;�e. to opu:e as to the effect�that bpsiness woi�!d:have on a paiiicia7, fr siaveys of citizens,'.:�peree v,ictimi7,ation are unclertaken. VJliile may prodide us with a sense of::tfie g pariicular : group regarding . -°:ttie : � have an impact on th� - . nly.to:peo�Ie who tetl;to'Tieaaz?" _ o;: the queslion of :mtist be '.proP?,rl}' ch.<='mqiriries -inyolve ocaT ;propeiiy. owners, oruuiunit� residents resence of •an aclult az eommunity. Less ption .oP, crime and `subjective su�veys eriezai opinion of a irripact of .adult --- - . W = �� prqpeity vaIpes-orcrimi�al:activity,>th`ey"cYo iiof';prbviiie ��,_�. soynct evidence of a_ -relaqonstpp ; `b:eiween these businesses and the actual _impaet`s : qn ilie surroun,ding areas. Even ff some .sinvev.reseaieh ma� hP ,-PtP.,a.,+ t„ e u�� uauC a� ��ia; i� musc.De pmperiy conducted in order for the researcher _to 'caleiilate _an eiror rate_ ProfessionaI standards do e�st ,for performuig meihodologically.Valid social:sci.entific.survey reseaazch so ;that it .possesses - some . degree> of reliability and trustworthiness.. Adherence .�o these standaids is esseistial . if reseaxchers hope . to _ obtain legitimate unbiased survey results. We discuss these in Paul et a[., at 374_ . III. . The 1997 I.as Angeles StudyAuthozs _Themselves �lafm fo Iiave Foiammd No Evidence � of a Causai gPP.13 • _�:Y � x��o�� Bec�� aa�f 8��: �a Decreases-in.ProP�Y VaIues, and at:$es't`CiaSm an , =:Eqmvnca�! =ReIatioiis '" ,. � ��s. . �?�3' im :ortan_ � `� = .=.�e-::: .: :Mbre : .P , �13', `tiiis ? . `i4ivocai .. Relafions�ii ". �is; BasecI �; i�pon a; klawed Comparison and�.s Pie�i�ca ed " "S aI.Poli.� Sfu �Pon a P�i _ , . �9 _. cIy":Undertaken, m; - .., er.,to �Feizef Uut' 14Loi�e (k�e. `In . additio � , _ - � ._... ;_, .n,_.:ttie;: Not Coritain :tlie.;Re_qiiisite.Atin"biites,to_:Ailotiv:It ;to. be Reasona�ily . -- . The i-977 i,A Sfuc}y report is a coinlimation of four separate research endeavors; each of .w�iich w71: be discvssed in terms of our.tfiieshold qiiesfioris. A. The Cifp PYanning:DePart effects af conceniraiions of ail P�P�-Y �''aYues reported.thaf eox�,si�tent .inecease . or decrea , . 'i� this :poition of .the - StudY . , aslang -the. "compared .to, whaY' qu rh? ? � �: in, prope=ty yatues from _�1� "S.tua3�' areas:(those contauiing conce btlsiliesses). an[I fottr "r_i,rnt.-.,7�. .,� _ � ; the aa�ea �3' the •reseaieheis, siion,;compazed )7U;19�6 _.foi=five. ntrations :of:;aduit . .. ., -.- ----_ �...�..� - The six Y�' �ne span between 19,70_and.I976 is signifEa.nt in that �the apthors claim ;it-rep�esented a. period of substaritial . increases in the : number and concemration. of s exuaIIy oriented.adiilt busaiiesses in the study:areas specificall3', as weIl es thro. � out the citY in'general: . t ?�? The study .[m�s _showed little, differen�es between the study and comparison areas_ APP: t4 � � . . - � ..� � �� • � � ��_ ; ,. � ��'� __, � `Fttis. lack of _ difference leads Yhe . researehers to state: "Qri the basis :of .tIjis; eorrFparYson, :carinot :be concludeet fIiat.propeities cont?�n;,;� eoncentrations of a�ult ente. ?�nment:busuiesses�have:dn-ectty.-mtlueticed fihe - assessed : yaivahoivs of such: propeities " It _ is inter � . =.to, nofe ,that the authois. : :of .tt�e_ s3udy ,.- :-.: i.u}deziuied the word ".,Y' .. '" Tlie;authors_ Fnay-have daectl3'• -. ; .:: wisheiI their readers tb . `Yea$ between ttie liries.°. 'and conclude :fliat . they _may have _ found . evidence of "an "irid�ect"_iiifluence of actuit businesscdncentiatioiis:on propeily : values. I'et, no such evidence is, d�erecl anyevhere cvithm the stuciy. And, wlaile thers are procedural pmbiems with this portion of the study many. aspects of it acivally show higher property values in the adultazeas ihan the non- aduit control azeas .(one set showuig a 400 percQnt the.assumptidn that:these sti.tdies:(a�il-in;particiiIarfhe ; 1977 LA Study) ,stand for ttie` proposi�on that the � ; existence of adtilt_ busmesses, or at.leasf a concen�ation ? theseof, reduce properly value.s and' increase urban � bligY�t Although cont »inin� some methodological Ilaws, this fust. study repxesents the. sirongest (most methodologicaIly sound anzi therefore most reliablej of the . four -sectians of the .report : fi - om a .scientific perspective. Yet, tfie . results sriggest that .no such relationship�between a concentiafion.of adult uses�and secondary effects exists. B. The second part of the 1977 I.Pi Siudy.clTims to have .fvpnd .that public opfnion is sfrongIy opposed to the aperatflon of adult -Iiiisinesses. 'Yet, such a 2 1977 LA study at 2 C�phasis in original). App. 15 ', I 1 u p . C- {' 3' i. .'-. .�' " .._'' � YI ! i 6CS� !9 : - �: d3'�, even than. ;attemgt no�;aiisiver_;iT� ' : 'l�js...� ,-.:: C?IZSe'�C�V.CLSE the ::pti'fiiier`o� does nof , m ...:::��---- - n :Po2ting . the nrofe — . . - : J ��"� sciennIIC smveyrese : We wiH, leave it to others — tiie discuss=tlie,:que.stion of whether.publi�, o appropzrately and .acc�ateiy meas�red�: i as .the Iiasis -.of the suppression ancUor speeeh.and:expressfon reIated actrvities. f ?f pnblic _. opinion were to have some .:i� secon our mview oF-1 the 1977 LA $tticiy-jeyds u� to conrh�:�P�rt, usecL 'is — to �:;even ff ;?',,seive ition :.of °r; .even �e to a niqn bf Two versions of a survey were ad `` " this part of :'the study to detezmine _pi conceiriing. acIult businesses. The first sim to . resideiits and propetty owness ivho = ��.: ... ee o any of the five This suzvey �?�Ided a�retum of oflly. 58i queshonnaires, or a.16 percent rate. A sep was sent to aIl,of�the members of the=Ameri of Real'Estate APpraiseas having a Los P,ng� and aLso to . me�ers of the Califflmia As Re�Itors _whcjse : otHces � lacated ui the ,ii siudy_ areas (tetained:from thefirst section o1 Onty-81 of the 4�0 questionnaires (or 20 perc sent out) were reYur�ed, � in of In b,oth cases, fhe response rates of these.surveys fall well below the acceptable professior�at s�ai�aaz.� � Anp.zs � . • �. 0��.Q� r� � � � )" ;; � professionaI rule of: thumb is. that a- iesponse rate. of 50 �k= percent is -adequate:- anaIysis and ieporting; a x' r onse rate. of-.60_ __ cent is ooci, and, a ';:? �P P?�.. S.: . '. responserate - of 70-75 percenf is vex� gobd) 3. -_ - Low response rates sucti_as those in the 197,7 Los _ Angeles 51udy: uidi Yhe presence ,o£a-high response bias. In. oiher words;: the. Ciry,may_hatie ;on1y Y�eard from people who �vei� :inviiyated,: ,Eo: :coznplain about the presence of adult bysinesses aii�il used,the.quesiionnaire to'voice their op"unori - . _ Compormdmg the bias :even fiuther, a laige portion of the zesiderits °and properry owners who retumed questiorinaires were.given the quesrionnaires at two town meetings heId to discuss 3he `�roblem" of adult businesses.''. • � -• -- --- — —� ------ -- surely not a iandomly chosen _ sample Irqm- the j _ population of-peopie who reside�near;adriit businesses, � with each person 'having an equ.al. :efiance of bein� •� chosen for tlie =stu .. Without ob dy t?inin� a randQm sample of resp.onderits from the .eominip�ity, 2he study authors cannot calaulate an error.rate aiad. as sueh. the r�e_'a�'�ty�of their findings. cannot:be.detezrnined. And, here, the siuvey appears .to have _been .conducEed in a gerrymandersd fashion in order to ob.tain _the desired results: .. - _ In summary, the researchers (the City Pl annin� Deparrtinnent) failed to adhere 1o•minpnum professional standards by #ailing to conduct the stud� in'accordahce with proper survey techniques: . . ' See Fari Babbie, The Basics of Social Research 240 (] 999). ' 1977 LA study, at 32 n4 APP. 17 • � i .� �� .�.. —. � �,. � r A. . A � : ...`� r:_ `-�._- :�:� _ _ _ L p , ` ` b ' Einally, ev.en if the opmion, conductee! i�. a scientifica�ly sounc�_inanner; the �eseaich reported in ,ttiis:seetion does not aziswes�the qu�stiori.of whettier - coflcenirati.o.ns of adult ; businesses � _carise adverse secoridary effects. � - Suivey ppinions cannot reptace :the eyider�ce supplied:by ob,jeciiqe coinparisons;:of (for;e�inpY�) property values and%r eruna �statistics :coinp�led. withiii areas con tainin� adult enfP.*�;nmeut busiiiesses,. ti+ith those garnered_ " from aazeas containing _: iio . sEtch businesses_ - C, The'thffd section of the _repbrt dis¢usses the resuits :from a 1974 �rIuster" anaiysis_.pe=Formed .liy the _Cify �of �L•os .Angeles t�ommtmity Anaiysis $ureau ..: :_ . _.. _ , , ... ,:.... iiear a�rilt busiaesses: For.other geographizal� study<and>;conirol area sites were so;iricomp� on <severaI �- �kep population , and 3eeo iharacteiastics as ' -to ' uivalidate - IegftimaYe camgarison .: . � = Thisaection of the report attempts,�o=deterinme if the presence of adult businesses is related -�o criminal actiuity by eomgaring areas with aduIt : bi . to areas that_did not contain such busuiesses. `•'f7ie CAB's "clvster" anaiysis entailed grouping each.Qf.the.Gyty of I.os =Angeles's �750. ceasus tracfs .�-(fhe..: -sinallest geograptiicai:azea for.whictrmformation_of>iesidents is collected. on _a YeguIai. basis) into a�smaIler,set :of 30 "clusters," or combinations of h�acts. . : To accomplish this- "clustprin�,^. the . CAB eJCamined each census iract on 66 census vaziables that . APP- I8 � - � � _. C � � • . � ' �� they had deemed to-be the mosCacc�ate,descnptors of the_hacts. Importanti3�, five of the variables used bX ilie CAB _to 'group, the traets intb clusteis - weze --crirne .- vanabl.es: 7hese uietucled:.the aumber of,assaults per I00 popuIahqn,._iobberies per 1OO;p4p��?on; burgIa�- pex 1Q0 improved parceJs, total- arrests :pgr. _lUD populaiion and narcotic araests per,l0.0:popiilati6n aged I.4`=44. - Tfie _ clusters were -aLso . grouped. by ieaI estate value variables •such as appro�iiafe median vatue;�of owner occupied units and approximafe.mediantu�thly rent of rentei occupied � The authors then statistically compared :ttiese clusters that encompassed tl�e adult and compaifso� areas (three adult azeas and three_ control ;areas .were t�nro : adtilt areas in the North Holiyivoqd anti Skudio: City region weie compared to one control ,area=in: the San Feinando ValIey). : It should be noted that at this p4int sorpettiin� eahmord"anery was .found: .The :study authors aclniit -fihat adult business ;areas.ond in the -conlzol=co�ditioia-areas weie, statistically speal�ig, identieal to sach.Q�hei:. The impoxtance of this finding..cannot, :It establishes that : when. undertala�g precisety -. the statishcal test that would most reliably yield.l�owledge of yShether the'Hollywood cepsus.tracts cont?inin� adult businesses have higherxates of cciiiiie than comparalile tra¢ts that do _ not cbnfain adult. busuiesses, zio such higher rates wese found. : 5 1977 LA study, ae 44 n4, 49. �+PP. . � � � �' ; _ � by fhe areas >.� i.: fo the - . .:u.eeiry These findings aze exacYly coirlrfiry to �at'wo.uld be expected ff there yvys a coiuiectioz�;}ieft,�;�� -aderit businesses . in HoII ' t^ . 3'wood � _ancl, :�the _ adve�=,se secondary values. �f increased crime'�azid dei�`eased..properfY According t° .this tes� -tfren; _'..Pei� City_itseIf, the aclutt=business::aieas:iand weze.more simiIar to eaeh oiher4ni#ei�iis. they were any other regiqn of#Ii�ci�.;.j� d?spite.fhe coricenfrafion .cjf,aduit;�iusui�; wittiin the study areas in I3o'II�;vs�o�.;t{ioi adult businesses were aciva(ty;liiqre:; si contr�o2 areas than theyiaere fo olhei°areas: The other: tvva • adult b Ho�iywood ancl Studio : Cii3') ari •-u�+a� c�+tt[ `� ea�h _ fell into .one of six .d unpizcatiori. here_ is that these ^a areas vvere actuaIIy:poorly matc] Stuay:and .control aieas :N,� � sevesal keY poP�lation and eco: �'1aC COC!]tl 1R�17i�inra F..,ri�. ,._.� _ .. •u•uw �iurespective of the Pt?senc �3' differences fbund between t1 rates orpropertl'values is more th one or more �actors .normaIIy assc a�itY, rather than tfie presence. busumesses. . ess areas . jNorfh ie .one rPma;n; � �iete;:censiis. tracts �iit ,ciusters 'f�2ie ` a�?c1 �cqmparison ',SPec�fically, :the !�?�3'=:�aiate on - «� cTiaia�teris&cs ��' u`.: of aater3.with_ c� - ,,._ ?r ;?bsetice of adutt = Nonefiheless, iegardIess -of th_ese substan8al problems. in matchuig _5��, and coniiol . areas, :or P�?haPs because of thenr, no :reIiable ,patiem • of differences on the crime rate variables .cauld be found 6 I977 LA study, ai 45-4G n4. App. 20 � • � E P,� s .�. '- _f"'. "r�. ^�' ' . . ='-,3 %.r beb,veen,and -ftae _areas with. coneentrations of. aduit entPrtaimnent --busuiesses and fihose without : such concenira6ons.. _ . - For _eicample,.. ihe- number of_ assaults _ :100 persons < ui _ the -popuIation was :lozver in .`the:. adut# busmess .aiea.clusters (:46 :and .37� #�ian ttie, coiii=ol aiea r ;.... � -• �. clustergro�ips;(;d:7) i�(as egual#o thatforthe,coziiiol aiea clusters (:17), :rvfiile the-qtkier spidy area.clusTer�gioup's were found to �ave a higher iobbery rate (.267). tIian conirol_ �iiiglaiies pei,-104 improved.gaicels were=foi�iucl to be substariti_ally.-lower than tiie contrpl aiea clu,sters (13.50) for one-:tif the adult area ciuster groups ,(10:94) and slighfly.tiighei for the other (13.86). Total arrests per 100 persons in tlie pop�]ation were foiuid for.both of the study clusters to have an insignificantly.higher-rate (4.2 & 4.2) #haFi..the conirol area �4:1). 'Naicoties: airests loriwer for the N.ortti;Hql�?wood siiidy-area.eti than t1ae-S.an,Fernando VatLey conh-ol r.ipstei higher for�the-5tiidio Gitystudy cluster.groups Taken :as a whole, then, ive may n,oYe ttiat Qut of controI azeas: on ,crime statistics ieported for the Studio Ciry and 1Vorth I=Iollywood regiqns (utilizing .these -ill- matched azeas foz .coanparison purposes), four found Ivghei criine rates in control (non-adult) area clusters, orie found no differenees betweare. stucly and conteol area cIusters, and fipe demonstrated: higher crime iates in the adult�area clusters: .'Phese findu�gs provide_ no evidence of an aetual relationship : between - the concentration of adult entertainment businesses and the negati've secondary e(fect of increased:cl-une. APP-21 • � a �. ..._��.;:.. �g � -° �. � � - : . _ . w..�,k�>,�_,,,�,� --: . : -:�:�-. TI?e fmd?ngs in this section. re #esults of °vthe .:ri�ost scientifi `�r �'' : cally sound:;-,-,exariiuiafion.,of the , reIafio,DSlifP �.:c_-:;;,;:�;:;L=�. � _ uu nc uvliy ottered in the e s section di the report doe > ��1 activity .in : sons of adplt businesses iafched cornparison areas ;�;;� -. Haying found, however, no ieIiable ;Eyidence of cIiffereaices:in crime orproPerryvalue.dec.zeases.in areas � on� ;adult tius.nesses, the .Ci�Y: tt�eu_ _ti�eci to a sPecial ; :police stu@y of the HoIly�voocl aiea D. _3�e �Final section of fhe'Los AugeIes. Stjqfly report foceises, 'on the results o� 8=�,SUECta1". nnl:..e :of:certain-types o€eim atea wifli �#he rate. "flie, rest of tlie .city �aY" � -tiiat the poliee. !ri!,eillanee in the:HoltyH i.S7�5, : but adumit the� :---'-_ ,. "'.'��cao[ ule Ie.SI�02=Lh@_CIIV - .. UnIike';he other three seefions: studys�poited,qn in .this seetion was ii� the City� Plannuig `DePamnent, but bl' Police DeparEiiient (L,ApD): _ The 'basi� portion .;or fhe rePort. provides thi "contiusion" that because eru�e..is Hollyiyood .area thaa in other portioris and�because.Fiollycvood had a greater i adulf businesses,t�ian the remaincles of 1 i��ea ��ia�c of crime in Hollyw, related to the presence of adnit entertaui �A- � the<repprt, the undertaken by : ,,: � :- . e;L-_ijs An�ejes �diiig _ of this LY'_'.;'::.� ._...:- :_puiion and ugIier.-.in .-fhe � iqs _ Angeles, nceiitiation of � • • @ � • � � ' � _ • Thefust.andsnost svbsiantial;probl.eiti.wifih ff�is study is that i�t1PI3-freely admitted Xhat �hey.liad stepPed- . up surveiilance._effDi#s um-Hollysvood:m:1J75�duimg.the period #heywere�co�piIing.the.cr�imal:activity:counts -thaf were:later.conipaied: to�eai�iei>1969.. --No such. increase iri s�uvea"IIarice. effoits was reporEed for_ihe _ .. __ ._ _ : : I region:m :.1969. or foi :#he ,re"st of ;tFie : erther or I975 _F'ui�FIier, the I.APD rsportecl a 31% - >. . . .. mcieas.e: m, the comliined niunber:of :pa�ol of&cers and r*'*ninal investigators assigned to.:the Hollywo:od area compared to.anincrease 6f only two_fliads {hat_size in the remainder of the ciiy. . - It .is likely that the greater inciease .in certain types of cruninal activity between 1969 and 1975 tivas found by the police in the Fiollywood ,region when compared to the:rest of the eity because there was an -increase in cers = oa _'T_ � for crime in'Hbllywood. The incomparable increasPS in the_.number of officers and the, stegpad-up..intensity . qf surveillance efforts in the Holiywood region <iencler,any findikjgs: from this section..of the "1977. T.�� nn�Aio� �+,.,�..'..,,_,.,::.,:,_ E. The second..gro6lem. `vith the "special".pAlice study-is .that it compares. the occurcence o€.criminai acfivity in the HollyiKOOd atea iti�th.the,rate of such aciivity throughop# fhe -rwma;ncler .of_ Los Angeles. The>aufhots-incorre _ •-: ,c. . . , ctly-infei.' because there -may be a diffe.rence in ; cr�e� rates betw�en these two geograpIiic regions; that. ttus_.proYes dhat ac2iatt bus4nesses vyea�e the caiase. of the_ difference. This inference ys a.Iogical errtir i�orva as . ti�e "Ecological-Faliacy," App.23 C_ � �� o �r °s0 Y.3 � tC - - , : _ _:=� . - r _ _ - - _� The C�ty's interpietation ,of iesitlt "special° pofice study fa]Is _Pz?y, t� coiini error.ui reaso about �-esearc�- . s l�i ° Ecolo`'caI �'alla� - � .° ,� :. cy." : Tlie -faIIacy_; is.� to. :as, someHig�g learned atiout a uiut .;;<ui .ger something about the indididuaLs riiakuig up :tfi� from _ifie rn togicai vn as:the a�►e that ral = sa,ys For. :exarriple, consider a,=fmii"uig ;#3�af voting preeumcts �the ecological unit) with 3 aiger,peiceiitages of wornen ('uidividuats) votecl, on .``ayerage;: _ for: .tize Regub�ican candidate in en.eleciion.:,Aliho�li we rriay be ternpted to do so, we cannot:�oiicliide, ttsat wornen in the precinct weie more Iikeiythan men..tu:have voted for .the -I2epubIican canclidate, siiice w,e hat�e oriiy infbimation•.coIIectied at° the Ievel. of piecuiet at.the leveI of#he individuaI uoter. Perhans. thP ��,;;o;,��_..,.._ voted=overwheui�mg.for. S�Tnilazly, we cannot assume :that a- i?igtier crime rate in �IoIly�nrood is :due to adult businesses imless i collect information t�iat liijks - ciirne_. :tQ - t}ie adult b�messes. Rer se .tather rhan nnhr .;,o-,,..-_-: -_- • .�y,••.��.. �ra�erauy an�.then compaiing it to:the rest af LA. , The�City of I;os Angeles comm�t� t�e.EcoIogica] FaIIacy in its I977 Study when, upon,fin � a difference between t�e crime rates in the Fio �'� rest of the-a, .� it assumes _ IlY�"'-�od area;and the tY. out of �an qLnost i�ite Irst of var�ables- - -that this difference is .due speci��ll to the conc.entration of �adiilt businesses m HojIyy when the researchers did aiot measuie the actua.l impact of _ such tiusinesses in HoIlywooil at .aIl. 'SunPIY comParing the crime rates ia_tlie�entire HoIlywood azea APP:24 • • � • �(regardles&.of. whettier st . :an adnit bnsmess proger ci ;as. ;a_ wliole -is an _uis � detes�iiiie _ whe�hei -. the I�o ood _aiea is som �Iy�"' ��.� :h cstrne ��c,z�red on or near _ Y?_vv�h- ti�e sema�xder Af ihe 3hd method oP a�[emphi�g to 3...._: ._ -� uicrease.:-�af:;_crune;;'Sn_, ttie �oiv associated . ivit�i =aduIt _, .....,._. .-_._.;,:- estatiIishriients. _ , � F. S�mary:and �pIicatio�s: , ;.. -;We haue :illustiated-above not oiity-are .Yhe; tYie #ois of the 39Z7:�,os _AiigeI,e� .St�idy;weie conducfed;"'buEthat; more uiiportantly,^t�e;e aie no hue fndings in ihat regoit ivhieh could�allow any reasoriable. social . scientist .to conclude _tfiat , adult enteitamment facalities . weie soiriehow corinecte.d to incsease iiicrime and deereases in:siiri values. , IVlor.e ttiere are: no : fuicluig� ;in. fihai Study, duect 'indireat, or even .unpli�d,_ _justif�ing the nee:essity :for- precludi�g "rniiltiple �:rise" ., estat�iislunerits or,provae7�rig any�support whatsoever for-ttie,�i7opositio� thaf _such a 'tegulatioii .wq�ld`:seiye Yo `reduce or airieliQrate sueh seepndary eff'ects. ... :. . :..:.. , a...One-time Flpke?" :(3} "Is (:�-iuie;h3leasured _Accorcling to a�Reliable, Soin and "Di�:;the;Gnver-nment 60 About ':I.00l�ng .for 14Iore :Ci�ie ;to �Justify its I:egis2?tionT" (4) "Did the Im�estigatorS T�allrj,Onl�: to People = 94'ho �V.ouId : Give Theui, `thje : Aristi!ers `I�ey Wan�ed to Hear?" These Sfiidies ;�iav� 'F.ouud , No Evidence..�of :Adverse. Secondar,y Effects for _ Adailt Baisiuess�s and Exbtic D.ance EstabIishmenfse Afte; having.analyzed the prior secondary effects sfuclies, arid in particvlar the 1977. I.os.Arigeies Study, App. 25 • O � r � � i ,; ' - �.:4+rr..w. T - r . �' , _ . . ' . �:4(`�-;i.:]..SUx-�v_- . _ _ ; . _ . . ' _ - . . ' . . t . t and .having mas3e. certain �3#afezne�ts Con�errimg the ptoperYneth q d o lo gy.that:shoutd:be::u�iyze�>um:ariys¢r1 i . ?iivesl�gafiori.m�order fo IXe�.�qnfdenY is even a ?�or�aun.`of trushvo � `�` � ,, . . : ` ?tl3iness -� `the _tesulF"s; we now�pndertake an an � '� . -_ ` alys�s :of iiiore �ec; ;� �ozsduetecI evaluations. - of flie . , e "�'" � �??PAosgd _n,?.xus;'=�ie,tween . adult bxismess . . establisIurieii3ts : _ ar3d . , peiceived..' .;adverse secqiielaiy..effec:ts_ :il,ril�e-the:LA:d97°TSiaay;:tl�estudies descsibed . .below. _have attempted _ to :- adli�eie _:to appropnate. metIiodologicai coneerns;so as;iiotto yaolate the . .=timdazne�tal .. seienti�c; ?metlio�oiogieal and comrrion sense Principles discussed°atiove? .."_ These studies, some bfwirich �veie:condncted at the . tiehest of ad�tt businESS .o�vners :but ?otheis .which cvere eoirimissioned, by =fhe .app�iealile:;:govemmental i.in'i ,fail to- �estatiiish �any 2elationsfiip.:'b,eiween the - oP:eiation of ad.ult entettainmeiit :baisinesses {aY least those :'in the. ,form of esfabiisIiinen�:s i�fat ��resent liue nucle,-. "�oples's° or "•pasties -ani� _:g�S�'_ dan�e. ??3tertaii�iieflt) . and . negative second_a� ;.:�'Qe.�; �ey. off�r -the �highesC degree: df evidentiary �Iial� ' of "an Pz?existirig secondary:effeets sh7dies;Xo_;��e; and #hey �.. lend evidenti : erkaiFil3'. �;. : ns on 'o ttiis PaPer_—that •beuig that: �atu sho�Id � not aecep,t the mere recitation of:a supposed_�``s�eondary P-�,PCYS SYI7C��""[N1�10.1IY SjJeC1�IC - , . - . �?�?Ysis-tI��ereof in.oraei to jiisti{y and-m soine:urstances.� iojn'bifion.of speech and expression related activities. > p - -` - O�'er�'heltnmgiy, these studies de�nonsYrafe that wheri ..ProP� methodoIogy-�is .employed,� aiad � the t�ueshold �.questions. transcended, theie :are no ��suazt[ to urstrucfions of the Qerk of tlus Court, �opies of the matezi?1s referenced in this sectionof this paper hy� tieen.lodged with the Covit. . App:26 � • • � � � (��°�00 . .. , , . , _. demonsireble adverse secondary � effects "_:of._ _ aduIt entertamment. :establiskunents'.m the: �fonn of >crime, reductiorr:of property values, and iuban blighf.- : I` A. The Fulton Coimig Studies. These. siudies. - are reported . in .FTqnigan's Enterprises, :Iczc. �. =Firlton. Couruy, 242 _F:3cl: 976.{1 �'��:Gi�. 2001),=::On 3une 13, i997, the F.ulton:;eount3i Pqlice Depai�aierit -coiiiplefed a sfudy concP � ttie niunber of calis for p:oli�.e. assistance=and the niuiibei of-t}pe�. of �'riTn �occ„mn; in :the vicumity of iyvelve_�,�drir�g establistiments; suc tIiat feat�ed adult enterEainment and six . thaf did not This study meets,. : ihe mettiadqlogical criteria that we discuss in this;:paper. The study concluded that, for the lime:pesiod 3anuary 1; 1995 through May 3l, 1997, there �vas .no statistical correlation ,of > an. increase : in crime at adult enteiEainment : establishments . that sei�ed alcoholie beuerages: . Rather, the statistics indieated 'greater instances ,arid calls. for s.ervice and. regoited . •:at non-adult . eniPrtainment establishments . served alcoholie beverages. - - ...,,u., ., a.....�.0 _ ....� ....�.,..$.... . conform ciosely with se�eral of the seieniific :prineiples and common sense.rules we apply here to,deteririixae if a finduig can be trusted. First, crune was measured accordirig _to a reliable souice—the •rnunbex of calls for police assistance recorded by coinputer and .co�zipile.d by the golice objectively, on a daity basis.. Second, there was no "stepped up police surveillaiice" - that coiild inflate crime measurements. A comparison was ma,de between crime rates surrounding the adult estabHshinents . and crime sitrrbundiiig . comparabie business estabHshments--answPriR� the °compaazed .to APP.27 r �, u 0 � � �' � _- �vhat, quesiion. � t�nd finalIy, a suf�tcietif 3�e�e�io�, 30 �o?xtI?s _,of . calls. for service, kvas .; utdized ';to := avDid �aPi��ng on a"one=time fluke" iri. .��'activiiy, _ In addition, an e --- _ conomie .� conducted in 1997. Six `Fui�i enterta5ninent . estabiishments con De�'?1o,pirient Aneiysfs; :tiic., to> condi clubs' eeoriomic :impact on iheir: stiri �1us.;sfucly sotight to identiiy negative . the business voltimes, rental rates arid srm�ounding proPerties.• The stria occupancies and rental rates: in e e�cpensive improvements, business �i a�Y b�ess volumes and proposei the vicinity of the studied adult cIubs. . found no deirimentat impa� � �au facilities. 'In response, the Covnty Boazd I�ad the shidy.peer_reviewed. The -; own appraiser to inspect the subject review.fhe economic impaet siudy. '� by the Boatd eertifed that the clr�bs iet,,sfudy was @o;uiity . aclnit ��s.._�:4�.. sst9ned - :I;ancl - �t�::� ;.. 3: sttidy qf the ^ -1_...�.�� . . - .. �'dftlg� `P.IkV17QI3$. T ,., : . ;._; . . . 3ets; on P�?3';va�uesrDf �?'�letl = .�iigh �ig 'biiildings, irisioiis; -him- �%eI'opinent in �'�m'esii�alion `by. the adult its to the �� B- Chaa3otte/MeckIenburg Studies. . . Gounty. =North Garolina Two studies, a property vaiue appreciation.study and a crime study, were undertaken in •2Qai.'_in the Charlotte�lVleeklenburg County,.North`CaroIma; azea As with the Fulton Cotmty studies, these:::��gations uttallize the scientific pnnciples and common sense rules outlined above. APP. 28 . r • � • `� � . Tlle -PLO�e7lj�_, V311105 :c.flndary- e.�'eets -ticin�.spati . .. ° • -------z-_ n iade use of ihe'ent ��.�� :a_: : tc,,., , -�aire.;.-,:.:...� _ :: .,_ .. :. ,: ...:._ __�_,x.�fi5000 wexe=sflld tw,�ce between 1980 and;1999:.. aPP=O-.:=__ .,. ` _: , ` properhes), _ 3VTethoils were -used_ to _ deYermuie _hoiv_ far the_propeifies were from:the 20 adplt�danee:clubs.m:the count�:_ ; 'Ehe authvts tI�ien. compaied amiiiai-ieai esfaie appzeciation near ciubs versus not near. ciubs in Mecklenburg County. . The : findings indieated t�at Pxam;n;n� performance ov�r . time, ho ncin� , near aduIt establishments appreciated at least as.fast or faster in I 1 of tweniy Using 1980=2000 tax assessment data hom Mecklenbuig . County, . North . Caroluia, - the authors estiFnafed ai�nual appreciation rates and evaluated the extent : to whieka appreciation rates 'ar�:-retated'.Eo the was no : evidenCe that negatiee secondary effects on house price -appreciation can be found•in.'two decades of housing transactions in-Mecklenburg County.-.In fact, the authors note that their 9nterpretation may be too conservative: ' "The. results of the study•-are .consistent . with the empiricat t�esu2ts of the .oft-cited . stui3'aes of nega�ve secondary -effects � :. discussed above. In almost evezy study discussed, _ the secondaazy effects APP.29 0 • 1 � � � . e. =Hoti;ever,. ;xfiis.'as =a sather °: . � - . -= ;- . ._ _..-.. e xea ,", •-of tize;�sults: .:Qne.:.. _ : -�... _ e_the :;ar�u??ient ;tirdt. theie is 'hat is vaiidated:m=tiris'� fo ass� uici , - -----" - _�r5. �.�d- � - �- ' - . _ - Th? Char�°tte Crime Study.(see ",9r� Adult Dance Qubs Associated ivith-Increases in Crime m Surrounding . ,Areas? A Secon.dary Crime Effects Stucl3' m:`Gharlotte, North Garolina, May I8, 200.�, Kenneth _C. Land, Jay R. WiIIiams, an@- Michael E. :Ezell, Duke :Uniyersityj. tested the hypothesis that the presenc of an .aduIt. rdghtclub increases the number of crime incidents reported in Iocalized areas. App. 30 • of adultestab&siiments is non=raiii3om �v • The non-raiidomness _ m�gilY °; be associated , with #he sarrie .. non- iandomness thai leai�s .to .the.iocation of other lmciesuable.ee�yitizs (foi ._ 7lII?kyards,. - mobile home P�s, other . noisy :.or : cliriy �pzo.ctpetion aclivities} :� areas with _ ineX�gnsiue>,proper�es_ °L-oiv priced' propetties;might- provide' liigher than average rehuns, especially as uiban. . sprawl. or developinent liinits rnake fihe . azeas more. ilesirable deVelonTnPnt . • • � r - . . . .... �1: ' . � _ . . ' ' . . _ . L \ . . . . . - E-I�. S, . : � v � Appropriate methodoIo� was �h'I3 tp select stiifable ;control (non-adult; _ ` teli��.=sites _:Flzat :�zere �., cq�nparabie (match�d� . to - the �sEud,y .{atTi�lt_ .ii�ghtelub� sztes .on=�ey .demogxaphic. and othei vai3abYes '.that are geneially iegarded as being related:to the°inc�dence of ciu�e: . . - `.�Vith support froin .the.Uriifed S�fates�Deparnnent >ti.� .. :....::... .•. � ... . of; .;Iu's3ice . Office of Comriiiuuty_ �:�Qiiente�,..<:Aoficing mauitains-- a comgutenzeu iiifo�iation 'systetn. for #tie _e Mec�]enburg Connty, North :Car� easy egllection of data concein reporte$ at or near each of thf control'sites for fhe three years ,1�, informahon seaved as the basis:of The authors grouped iricidents into six categories oi�l tlie 1'eastancic�.sive as fallows: Tot� Grune Reports .Index Crunes; Reports �oIent Crime Index_-C aggravated :assault, . robbesy);. - ig;Po7ice -Depai(iner�t :repoitea � � inciaents y ;of_; Gfia7lotfe: and iria, #Yiat: the g� all `.�iiiie. incicients adult and !8 sttuoiigh 2000. This ie`iepqit. . ze ` �ieported crime ' afroiri �Yh;e :most to criiires;=total �tJnifoirn �ta1"_ :LJiiif'oi=rn `Grime mes,`;(muider, 7ape, ital ;Uiii€o'rm Grime theft; lnotor vehicle theft, arsori)t :se,x :ciunes; ,and all ot�ei: crimes. . , The results .revealed :that,wi�, respect to a!! six categories of crime incidents urid�s :inuestigatiQri, the werall mean numbers of crime ineideiits for all tluee years .combined _aze substantially 'less �in .the areas surrounding the adult nightclubs -than in the areas surrounding the control (non-aduit):sites. _ _ App.31 �� 1 1! � ....._�.:.... -. -� - - � _ - _ - � � =�.,� �.- :-<_ - _ :,.r�::>� .. _ .. - _ �._:.z: - - _ .. - �.��:. � '� C. The Fort Wayne Study: .' -_- ?�n empirical . _stu;dy of : cruniiial activity S�o��ig exo�c .3ence , :.. telubs`:ux'.Fort Wayne �?.: . . Indiana, was undertaken=in.2000 tiy: the:an�tiors. g . : As with the .GharIptte/Meekleuiii�g Fulton Courity studies, ,this PYar� adyerse effecfs of so- caIIei3 "acluIfn esfab�T�ish� adheies to tIie iequireiiienfs seT ouf by;ttii; Daubert- for .the proper conduct of -a socia] inqtriry: �and the ents also_ Cozut in scientific � A 100Q feet circvrnference st¢rouiiding each of eight exo6c dance . nightclubs in fi.oit I�Vayne was establisfied Comparison areas were selecfed "inthe city and rtiatched to .the club °;areas : Qn ::,the basis of deinographic�featvres lmown io,be telaied;to-ciun� and also rnatelzed on the "basis . of � corh%%x�eicial" :property cbmgositiorL � Inforination on calis to .the poJice foi service (many of wliieh ended 'm artest) for °fhe _ tiu presu�ed to tie.reIated:to :exotic .danee es#alil�shrnents were included in our ��r�,;nation These�,inoluded: 1) Sex czimes� Crape, .molestation, indeceiit exposiue, sexuai -battery');. 2) aggress�on Ielated .nbn-sexuai B The Ft 4Vayne clubs studied do not operate i ha,dibonallyconsideied to tie an `adiili°. enteit enteitainers at:these establishments perform � '3 with Indiana s�tute and Bames v Glen TheaEre .Inc. 301 US. 560.(1997 whle we re{er to.previous reports and3tudies , arialy�e the reIaiionstiip of ° advese secondaiy b��s. ��'e generaliy�zefer to the studied fa "nightclubs'.or °exotic dance° estabrishmenLs, App_ 32 �f,whaf is nrsiness. Zhe . ssties' and s clecision in ?eason, . as � • u i . � � ��. �, n qffenses - ;(shootings, : fights; , non-seaual , :�attery> ciisi�bances}; and 3) ihefts, biuglaries ancl robb�ies.. ;The number;of �aIls to the,police in - -:":. . : :•. the azeas_ surround'tng the_ exohc:=ciance rughtc3ubs ivas then to the munber of r.-�of :eaIls to ,_ filie :police. in e areas : conta,nn;� e exo, c dauce .riigt�tclutis .and the total _nuriiber, o�.'offezises repoi[ed in fhe comparison .azeas. :Foi ;sex c�ies �.... resumed ta be especial[y �ely-to:be islatei� to exqtic ,.. clarice. ;entertairurient establishrnents) such as .rape, molestation, .indecent :exposure and sexuai :battery� fhe overal� number of csimes was _ nearly ideritical in the areas s�turounding the exotic dance nigiitclubs ;�nd .the comparison .aireas_ Tlie same pat[em of. sirriilar crime levels in the elub and comparison azeas held for.thefts, bui�laties:. aizd . robberies. However, `foi ^. aggression- related, riqnsexual offenses, the elub �areas :aefeYally ;had . on�y:.,one. hqlf as inany ca3Is for sen!ice as. the �compaaisonareas. . � We .concluded that there .was -no_-emp_iricaI in , the. form: of crime, sturoianding .exotic . danee businesses in Fort Wayne. Ariy assumption .that such effects existed and that this ciEy sho.ulcl ie�ulate such establisYiments on the basis of such "adv..erse secondary effects° was therefore,. we contended, not substantiated by that shidy_ � In summary, the findings from the. Fultqn County, Charlotte/Mecklenburg and Fort Wayne investigations, unlike most of tfie previously. cited, secqndary effects studies '(iricluding the Los Angeles 197'T Study) are E+PP- � � � � o/-�.o� ,. . : _ . . ... ..,�:� — �nPiricaIly reliab�e: vS Paucn._tfi�cir.t'��.:5.5.' =___ �`'7_::� .. -�1PS2 ,StlIf�IES". '�•_.; RrePared`SC Pau1, 1t�Tiiiiesota f deta�'-in= Pdiil,? et, aL;' at : methqdologicaIlp: sound mve; most frequefltly eited s and riei�Iiborh�r,ri .�o.a::;;,.:i:_ , _. . . -- --.::,,,.,.�., ��...��; �e co?nm�iiity, esRe�??1_ly-whei� aIeohol:is.s'eaved in=a:non= adulfi _erifertauirnen# se . � - . � � , ;:tIian:, m sthe . aieas- immecliately sC�rioviicling adult �ightclubs. ' Now in Ii�ht of these o�seYYations, we address the immediate question before:the Gauit. -- . V. Even :zf the Lo"s i�ingies:'I•977 ,Sitidy:Had::Fouad E�idence of ildyeise .SetnneIary::Effects .GeneraTlY, S.?��.fncliiigs WouId - Nof:�roxicle Ai�y Irifor��on;as to . -�?hetlier �Combmation" � . ;�Uses" ParlieuIarized Prolilems - : �enile.i � _ Thaf :Wo, � pgc�ficalty A � �;:`b:e 'S s . _. .y__,� Oidmanee.' Tite _ � , �-?�;";,- , L° Question.of:�yli;en� S� " �an b;e °Generalized 'to •Aub�her'.:' , d3' . ,. �'ane .a. _D�.`erent Ptace> �or:Other=People is ultimat � � � " eIy an;Empirical;Orie. - The fimcIamenfal questioii �imdei consideration bY trus Court- is: Assuming that �ie 197-7 °L;A Study 7zad established evidence of the existerice . of , secondaty effects associated with the coneenfiation of aduIt busii?esses, can that information 'be ut�ized to. justify a law prohibiting the establishment of "a�ult" "combined'' or "r�ed° uses?. .. - _ - !�PP: � :� • � � • _. - ��-�.Q� . •UVe conclude; as the.Nnitli;Cffe}ut_ciid,•that siich" - arc =e�ension =is. ,imwazranted -�arid :�tiat _tTiese -l'uni[ed ``#indings" provide no basis or �nsi�ficaiion.=whefher .ei�pui�al, . mi5stiye or otherwlse -'Pot- .the zoiain; - proyisibns_under review.. _ In'scieriiifrc,-teims, ftie C�rcirif Coi.uE was grap.Pimg :�vith ;tlie guestion., of -wYien,-it is - � = s Df an empuical aPPropriate to -genetaiize-=the:firidin�g investi�ation .:to cscumstances- `bttier - than 'those originally studied. " A: YVhen is it zmreasonable. =to generalize - study findurgs from one situation to .another? .. � In science, "generalizabiIit}�' is deSned as the quality of a research finding ivYnch'justifies the inference that it represents somethnig more than the specific observations upon which it is based. :. As the .present _ case �1luairates, gene.ralizing a r.esearch. finding beyond'The 'sp;ee"�'ie "observations. on wlvcIi it is .based .can include:_�muliiple - considerations. -Sometiines it is a matter of seel�g ;sunilarities -between the "charactei' of,the-original.iuiits. s'tudied and the new wiits to wYiich we:wish�to.geneialize-° Ot�i?s times - example, advft materiat as :�:`:eqaating the: singie - shoi�ving of a film with-the harznfiil:effects ass�sned to ` occur with businesses devo.ted ,to:adult fare. 5ee, e.g., Tol(is v. San Bemm'cfino.County, 827.'F2d:1329:(9`� Cir. 1987). .' ; ' . More broadly; sometimes .ge.neralizab�lity it is a mattes of similarity of concepts: If you.discover why people � comrnit burglaries, can :you. generali?e that discovery to other crimes as weIl? Often, it involves the g Farl Bab6ie, supra, at 215 n.8. E+PP• � - 1 � ` J .9pp: 36 .-;�;_ >�. vR:_� • � 0 o ��'�° ° � , generalization .offu �, We eannot.gerietal because:we.did n poptiila�qri ' (we ...s generaliae to feinal we wisIi to �ene � we saniple� oli to youi�?s ;� =-r_- -:--- --- population).. . Other times, we cennot geneia7ize:ti.ecause ;of the methods we'eiuploy to study.a pfieriomenon: °If we have measured a-pheno;nenon at •e ceitam Ievel, br - ... . chosen a certain "�iit oPaiialysis; :our.firidu�s inay.n4t apply well to other tinits we may wish Co:eonsider. ;Heie, , our exainple of fhe �colqgical Faltacy.fio�:tfie ``speciat poiice study" of_ the i9i 7 Los :Angeies .Stuziy ,above appIies_ It is logicatly �i;possble to _condude any.Ffiuig aliout the .impact. ;of . the conceritza5on _: of_. aduit bvsuiesses m HoTly.vvoo2l.iviien meas�e[r�ents:�f:criine have been takeii , onIy at .the level of- =the ,ezitiie community. - _ B. Whether fiie.results of a-s.tudy:cau to other times, letcations, situaiions or:other_pgisons . -_ , As can be seen f;om these exaznples, there is no "magic •.forinula°. foi detennmuig when a study : is . generalizable. Instead, social- -.scientists, : when confronted with uripqrtant social policyT qtiestiqns, liaye corne to rely on additional empiricai inyestigations when in doubt abo�t a stYicl�y's general 'agplicab�ity. �An additioriil investigation is often-the _oiily,�nray.to insure against improF�Y �Polating findings. Thus, whether or not one is able.to geneia3ize across,p.eople, p3aces; or . methodologies may ultiinately be an empiiical question_ Sometimes, onty an addilionaI study can #ell.vs hbw far • � � -- o�-�.oc a;specific set of observations, -,made _eaiiier, -may. be �.::,_ - .. - - ` '.extended. _ C. Los .An�eies shoiild haYe - 5rsf _ empaicalIy ;de�P* if -it's or�gxial �omn� ?egislaiion -�iias _�eff`�c[ioe :before .. imp"Ieinen,'ting anotIier; more •,: �, _.->:;._�. -, "-- _ ° ,_�-:.. = - . _ � : r.esinehve, set o£-re��t�laiions:- .. '; . . <... , . , ._- .. .. _ . _-. , . :,.. _.._._ ,<: = The evidence Los Angeles upon hue — ,.. . ...:_ =., . . the =T9T9 Study — eontamed';no;empmc�al.evidence that ��i7:3:�a'c'n��#;e�c..c..;fi.. i:.;oci7.::.:-l:F.:;.l,'etS.o._�.. '....�7:�.;.7„�1 eombuiation bookstoieJancade. :aiiy of the ii�cieaseii crime .the origumal ";study ; (allegecpy) . fotmd iesiilting :from a conceritiation of adult _pusinesses. Nor was any anatysis undeitaken :�of =tt�e effect .. upon siigposeii adqeisesecondary:e�'ects'l�y. enactrnent of the;origirial "dispersal zoning provisions,ovliich were themse7i!es .predicated upon tlie firiclirigs of the_ 1977 3.os Aiigeles;Stu.dy itself. If tixe assiune -that:flie,:dispersal:ieguirement was meant to azrieliorate supposed 'secondary .effects , associated with adult :businesse,s,.'_we;mua#, also then logically;assume-that foliowi�g.,ttieziiacfrnent of those regiilations at -issue here), wliateues ;secondaiy effecis may.have existed would have beeri sigrificantly reduced or'abr�ogated altogether. The ,question then remauis, _and :it is cleazIy an empirica]_ one, .of what secondaiy:effects, if any, exist alter.the enactrnent of a speeifc ieguIation mearn to address.:those problems. If we do_ no#?ask;that: guestion, we invite the never-ending enaehnenf qf yet .more a�d more (and evet more onerous) �iesti�ctions cvithout evez examining whether there are,_any protilems left to be f+PP: 37 • t. 4 V � _ � � �, � - _ .- " , . _ - . -- _ . : �I addressed foIIowuig, ihe enactrnent of a=I.aw:iiieant to - correct suc.h proble%iis_ -. - . Here, . mere ieferenee to the. I9.7-2 .I.os Angeies Study. telfs us_noihuig�olijectiuelyaboutwhat:secoridary . effects.may rem :dispeisal;regulations were enacted in _an effort to addiess t�ose pm"J�Ieins In aciclihon, m�the absence of �riy>emp�ncal evidence o�d;' new or othezcvise_ == of tt3e ;adverse e�feets associated �vith iliese: combiriation adutt:uses,.lt §s ,uiiieysonable, we contend, Porany cou�t;to;pemut a gqvemin.entai uint to.irifes or conclude that alisesit additional_regulations, .a bookstore/arcade combmation .wouId have ;harmfiil secondary effects. - - '' I Nmth Circuit .was _faeed with the question of whefher the govemrimeiit' may.. reshiet fo. selected locations, miXed uses aclult3iiisinesses on. tfie sole iiasis gf _the :te.st�its: of"ztie 19�7 ;I:os Angeles.._ Sriidy. .;In .onr opurion, thai :co�-t was :correct in assPi+ .that i# was not ;easonable -to. rely on .thatstudy as.,,justification for these restrictioris, £ust, :because= t}iat study :does not L a+ _l � _ _._ _ _ . . . . _. . _ _ second, eyen if sueti effects wexe reliabiy shoyvri, it is_not reactily aggarent ttiat they may be �eneraIized to .the new -quesiion about �m�ted use bvsuiesses after the enachnent of a general dispersal.ordinanee. - VI. °Fhe Policy ImpIic�ons f.or the Secondary Ef€ects Dochirie. - - -. As we have'showci above, ]egislative b.odies and cotirts are now'confronte� with meihodologically soimd studies that fail to deinonstrate a conneetion bet»!een the existence of aduIt businesses ancl negative secondary effects_ They are also faced _.with the •.. : �� ' �. A z_ . • • . � .. .. . - � »t�.,,,":: � � = Q_��.Q�r. submission -of Yhe older iype studies; many. "eonducted" between twenty Io thirty years -.ago scvhich >m some circiunsfanees_ were -not "studies" aE aII, ::um `.ottier eii�mistances = demonstrated _ ,either ,no_ . connection b.etwee�.:adnit uses -and secondary:effeefs ;oi .ev�n an iriu�se coinieetion, in .#nany cases clealt;ivit�i:types:of busuiess.es 'that . no -]origer . even ._exi'st. ;(adult;, iiiovie tfiea_teas); in vir[uaIiy all�circiunsEance"s iindertaken before.4tie enaetrflent of specifie��:ie�tations _meant�.to alleviate those and wIiicii>by-and- large :�tere flot . undertaken : tT+�i'� : even the :most rudi�entary methoddlogical constrainfs in. an effort to insure vaIidity di the results. Given fhe state of �conhadicting. empirica] evidence that will be_ faced by legislative bodies and couits. in the.future, guidelines -�ay-be w,elco�ed to establish under. what circumstarices the assertion . of secondary effects inay;be utilized�-as a,justi�catioii?for regulations upon speech and expression related ac�i#ies. We assert that iwo seis of inquiries (A,and B beiovJ) _should .be -made whenf :Pxamin;n�-,ptuported euider�ce. that is submitted in .-an;�e$'ort :fo- :justify, or challeti�e'tYie.enactrnent.of suciia repiilation_ . _ - �'<• A. r�y pariicvIar study of-seconaazy ; effeets shouId k be .exauiined : in. order to de'teimine whether ,it ansvxers the fo.lFowing quesiions `or: vioi.ate the foIioivmg principles; (3) ".Compared_fo,whaL?" (2} �Is this :jtist a .one-time fluke?" (3) "Is crime �easured according to . a aelialile source�" ,°ancl -"did the goyeinment go _ about Iootang, for .more cr�e to justify IegislaiionP" and (4) =`,`•pid the. uivestigators talk'tint}r to people who would give them the answers YIlEy W811t2(�'LO 71e1P'�" � . ' - . APP.39 C � , 05°�+Ofl . �hll these stan ask these purporteci enaci�nent a loceI,legisl cls,, certasiIy: iestioris.�in � ;PPo?� e apld ' be : ie -yitalit3j and "evidence," co�ts iriay.best be seive standaids we - have :laia . out 5ue�; allow covrts to separate"."the wheat fi the truthfrom tfie"`�urik science." S• If thexe is a questiou as .to .wd b B1IIg appIied.moie broaclty �ari.oi or is being .uh'lized: to -�nstify* folloiving enaclmeiit .of . ons�� regu7a�. ;_ perce� pi �noted � #he �si �pixical mves�igaiioii=is ofteti warr; If shnuId. :be: axiomatic : Ykiat=; oliligafion of a conrt should .be •to-see] and in fiitiue cases, the c}uestion_:IIiU: �vhe,ther at a cer[ain, point:qf time and circtunstaflces CPdI'�1Clila7'lu_ : in -TiaFiR �:n � the cYiaff; ancl ier a,:siudy;is- Fur�ciarn�#al trutfi. .:FIeFe, a'sked . sis. to ;ertaiii set�of - -- , .•�•�••....ryc ;uaar .ccul ,Oe reasonab7y relied .�on estab]isiung .ihat:-certain types. of adult uses engender soine forms .of secbndary e@'ects So as to warrant3he enactrnent of additionallaws? = Justice Souter stated .in Pap's that �cities urterested ;ri reg�ilatitig aiiult a¢tiuities .on the basis .o�. secondary effects shoulcl be reqti3red 3o�'prRVide germane evidence of � relationstup� behveen the expressive activity and secondary effects. 12.0 S. Ct 1382 - at 24D3-04 •(Souter, J:, concurrin� in pait _and dissentaig in Part): This case and — in Iight bf the °evidence ;ihat we have discussed — cases that will be_adjudicated in the App. 40 � a � � � 0�¢�p�` {��e where the: courts w�. be?ieqiiired;gursuant fo Pap s to eyaluate both the "oid" �and•�ese �e�' studies in:i33e secofldary effects calcu�us: in o�der io detem�ine fhe vaIidity of a paziicular i�°ulafion, weIl illustrate why fhis .b�den should be. de�ianded:" As we haue stated, u;whe�'�°� �'m ' s from a study conducted for : one puxpose •ea sihiation is-often ari,'eriipizic pi occ�s- with, gen�xal? peogle,_ situations, and .time j originally studi�ed. Unless -tl pai(iciilar -fmd'u�gs are empi sitriatioFis :is addressecl thrc emp3rical research, the s�con be.viewed as a.theory not gLoi tntth, hut arierely as a theore�� basis fo regulate •and in some soine mayconsider td be imde To �ot undertake.addi,tiorial=et?lpirical inquiry is ke it permissible ior govemmerits to cantinue to te todag on_ fhe basis =of,,a study:conducted 25 ago, anil untlertaken:prior to _enactinent of to � > app ed-�o: another juestion. Common n to circiunstances, ds .other than those uestion of whethei y -releyant to new scientifically valid �effects doetrine will d upon an inquiry of sd u.-zsubstanli�ted) unstances ban what [_e expaession. .....>.. ..� ------- .: problems of sec.o.ndary effe�ts. -3n aiidition, given ihe nature of some of.these.previous sNdies, reliance upon themanakes.it permissible to regulate on the basis of the opinions of, for examgie, a group :of. yocal •real estate board members, sampled improperly, whose opinions ca�not be extrapolated or .geneialized to, an ezilire cpmmunity. Without addifionaI or , new empirical investigations, properly conducted, ifiere is nothing to prevent.-govemment from ll511?g: arry supposed finding fiom any "study" to justify arty regulation, no matter �ow App_ 41 ' I 1 u �� , 0 � �•�� i ' broadIy or egtrapolated. unreasonably the` fmriin� . may. .:be CoIlection =of :empirical=informafion_'is _now_;nof over2y. diffieult or -eg�ensive: . The Fulton Goimiy collected theii, evidenee Such.evidence is;riow�t ..- .h_, ._ : -.�� most miuiicipalities'. �ertips-4n .the foim of::�a�is'_=for zo - of — thaf were enacted tvith the specific inteiit to logged. Propeity �v aata-is in most ;circ,ur easiIy obtained :from .real -estate databases ;des hack these :saIes for.: tax ptaposes. -Gertain should be-nottung feaied in re�azd to'investigaY the true e€feets .thaf cerFaui acluit businesses�.ii upon specific -miuueipalities, parlicularly �in previous (aiid nowIong-standing) regu]atiijns - zo T�jP� chs�ersal ieqirireznents and anh nudity p� amefiorate=suehsecondary.e$ec#s, • In Pap's, .Justice O'Gonnoi and the :olu provided room�for challenges, based on the�co➢ectis erapirical evidence, to.asserfio� mazte-bymiupcipa regarduig a relationship between adverse seeoii that ttie adult business in question in Pap.'s eould Ihap chaIl�ed the,City of Erie'•s assertion that nudi_ty.-led;t ill effecfs but did.noi do so. This leaves room;fqr introduction af additio;ial seconciaazy effeets :,evidenc bofh in city .council. hP�rinas and as a basis for'cow Iitigation. When coints_are faced with these conflictin assertions -of secondaazy e�fects utilizs _t}i� tools that we fiave sn�gested h'erem in order fo be abl� to dete�rine truth and ieject fiction and innuendo. - Dr. Daniet Liru, PIzD. BryantPatz� MS PPP- `� r • C � � � - = _r..- _ - - - - �- , 0��.�� _ NIIGHBORFIQQA��`ERIOI2AZTON _ arid th�� : - LOCATION O� ADIfL'3;eEi\CFERTAIlVNIENNT � S1' COMMITNTfY CRIME P of,i Ivfinnesota Crime Co: and Division o; DEPP.RT'�RENT OF PLAn ��iM�IV'i�J `: � :' �>y' AiII; i . 2EVBIVT'ION PROJECT he ` :. itiol Pl ann4n� Board City ofSti;+Pavl . Apn1, 1978 App. 53 • f �5 i 1 , � enipiricaliy re COIfIIRpR SC'IIc ri;�e..._"='-- - • �--- - most �a .� =1�, -MIIIZIPSOTi � et, q1; °at v sa�a i�, ��iiun,LFru - :.........:.: -:-..�._._...�-��.; uac - , �e��y�'�iere aleoTiol.is served.iri a.non- aduit _�#��ent se ' iminediafely s[uiouri � - . .than in :tlie , aieas . . _ ding dult raighfcliibs. �: . Now, in Ii�ht �f L�e;� ��setvaiions, we :address the irnmediate question before ihe=Gourt. � V.. Even :if -the �Los An�Ie§:'I977 �;Sfudy :Had::>Found . E�ideriee qf �ldyerse . �econdar"y- =EfF'e'cts .Genera'IIy Such-�ncIiiigs Would-Not-ProvicTe`Aiiy7n�orniation:as to - V4'fiether "Gqinbmahon" Uses Engender Particul~aiazed Problems That�Would_:b`e S eeili �- -. , �!�r ssg�by ,:.._._;.. .. P__.,.-�e�Y = rspers , _ . - `. _ :� Ordinance, The :Questiqn,..of <�en:-SitirIy:Fuicli�s can 'I�e Genei'aI�zecl 'to Anotlier 1'�e, . a D�ereut PIace, or Othea-:pe�Dl i� „i+,,.,,:::.�. , - -- ' T�e �?aamentai question -undei _consideration bY ihis C�urt is: Assuming that tIae :3977. liA StiiiIy Fiad established evidence of fhe existerice -of . secondary effects associated � witii the conceutration .of _ ai3uIt Iiusinesses, can that informafion'be 3r+�i;,Qa to jusiify a law prohibitin; the estabgshmer�t of "adult° ."combmed;, or "r�uzed" uses?.. App, 34 � • � . ��a� , de�arhnenf, for uiifial and final st%tdy:time,poinfs, , 197o and 1976' - = - - 'fh4s.cla"sslfication system resuits m thePoIIowin� aduit enEPrra;n establishinent types: . = . x*: 1970 is significantly related to the � in :� ' Aithough the.possession of a license_ for live ente�tainmenf.was verified for each°establishment, it could not be asceitamed from the recOrds whether all of these estabiistunents ria��ed as,hay� sexuatiy oriented live entertauunentcveie those Imorvn by the`aty police departrnent to offer exclvsively ses-oriented enteifainment Fstabiishmenis.which had Imgerie or swim weaz luneheon shoims, etc, foi only brief geridds of the study Iime were not dassified.as sexuaily oriented: - ' Throughoucthis swdy, the pmsence or absence of a relaqonship is detennined bystatistical significarice_ That is, the statement "a relationship was found ..:" mdicates thaz t}ie analysis resalts rvere si�ifcant at the p<.OS teveI;'ihe statement °no reia�onship.was App.56 , Q �YT! Alcohol-senmig. estabIistunents. ` A Aicohol-serving, :without live � ' eI1�Prtainmp`�t . . B. Alcohol-servaig, with Iive entertaiiuiient I. _'- NonsexuaI enterEauirineiit "2. Sexually oriented eritertainmerit ' Sexually oriented establishments A. Se�ual nnty (adult bookstores, theaters, and saunas) S. Alcohol-serving, wifh sexually oriented entertainriient (sairie estatilishments as.in'B-2`above) number of all advlt • � 1 ;1 ! That is, neigfibo Iower median ho adult entertauu Specificatly, neigl the number of a types of aIco n�ighborhood cji piesence of esta] licenses, b.ut :h relationsIvp to ; e: licenses. - No neighborhood det oriented estabiish nt : � with ;�iier ciune rates aud [ues ,}n:3970 tend to, haye;moie 3�ties � ' located - um them_ d�qua"lity;m i970.is related to en�n�; 4Vf�en �lisI?inents. . aze sfudied, iows a;�-r'etationship to the- its";iuit3iout:Iive =enteitaum�eiit y:� ,a: ;_(shatisticaIty) F%rarginal ze%its_�nith live enterfauinlerif insIiip . is found lietween in and t�'Ye munbei of sexuaIIy reseriL.iri:1970. A similaz pattern :of association appeazs m.the 1976 analyses. The-number:ofall adult entertamment establishments (alcofiol=seiviug :and sexually oriented combined} in 1976 _is . sigiuficantly relafed . to neighborhood quatity. As `in ;1970, this relationship is seen for the numtier of;aYeoliol=seryuig establishments. This telafionship -tietween'ii°P� hoihood quality °and liquor-servireg estatilisFu�erifs :1�.'76 is present for b,oth entPNa�nment -' drid riOne7kte7PaiRment - liCenSed facilities '(al�hougIi =tiie FelalioFis:tiip"is stronger foi ttxe as in 197Q, no ielatioiistu;p; is _fotmcl� beiweere neighborhood deterioration:aiid�the presence ofsexually oriented establishments. � ' 1n summazy, as �shown:�fn. Table ' 1, the present of all adulf entPrta;nrnent :establishineiits (aicohol-serving and"sexually oriented combin,ed) tencis to. be associated witli greater neigtiborhoqct de�erioration •in_ both 1970 and I976. HoweUer, uihen. typeS of atlult entertairrment establisFunents are studied separately, this relatiorzs/iip is found ...° indicates that the analysis iPSUits wese not significant at the p < .OS IeveL _ APP.57 _ • • � results as foni ;_.._. _ ....,, . -= - - - - - `Q��_ fozznd _onlyforthe alcohol-serving establishrnents, rio[.for sezualty orierited faerlilies. _ . ��:- related to neigt�tiq=ti wheai adult enteita anaIyzed separately, alcohol-sexying . es ':is s presence of aIcot pr.esence of'.estat licenses.. Tiie iel< and ente*tain.nQr ;,°sliow.the same:over ige I. Foi=both 197D a� ilt::eiitertaittmerit ,est :�sexp.ally onented 'cc �od deteriordtion. As nirwnt estaUlisYuneut lie is aificanfly •related g establishments, `s wifliout liue en foimd befween:cI does•not.pe=sist'afCer zpnuig arid neigfib� controlled. : i�s;in,Stage:.I, there.is'no , � either. 19Y0 - .or 1976, between , cieterioration :azid .the . presenee of sea establishments: - betwee� neighborfao�d .quality-and the -m adult entertainment establishments (aicoho: sexually orierited - combined) Iocate� neighborfioqd �tiioes .peisist after introduci Tius relafions ' is <foimd for the alcohol-s �P . ei�tertainFnent.facilities studied but not:foi orierited .establisIiments. These' same assoeiation 'are ._present -for both 1970 Tfierefore, ' the relationship between n< deterioration and the preseRCe of all adulte� estabtishrrients rs more accurately oie� relationship b`etweea .rteghborhood detern rhe presertce af all alcohol-serving establish'rr APP.. I, + V11GY1Lp . . . � �. yr a • � 0�?'� Relationshigs b.etween Adulf �nte�rtainanent F�rah3ishmenls and 1Veighbor�ioo�1 QualitylDeterioration .Goiitrollecifor_L "`alf�atket�fIuencesa Type of Adtilt _- _ 197U ._, 1-9,76 �tprtamii.�p,n[ Dete'rioialion � Deteiioration FstalilisIiment and:1;9Z0 and 197& . - - Establ�s�Iimerits £stah3'sl All Establistaments: . Relate� Related .. (alcohol servu�g and - . segualIy:orieneed cointiuied) AtiCOHOL-SERVIlVG: Related Related. �fihout . eniertainment - . . . lice�ses - Relatect Related . . �Yll. - � . . . � . . licenses Nnt Reiated Not Related - a�x . In conclusion, as shown in . Table 3, adulf enterEair►�nent facilities tend to.be estatilished in areas of relative deterioration. A pattem of deterioration appears to fouo�v the locations of certaui types of _ aduIt entertaumient establishments. 1'ivs could. be an incsease in the pattem �of 3e�eiioraiion already present. T�tis -cycle of "deteriomtiort-adrilt entertainment- deterioratioa° is seen oniy for. preas in which there m-e a[colzol establishments. SexuaIly � oiiented estabfishments, when analyzed by themseives, do not App. 59 � �� -. . ��P.Ai2T�F�.9 . . . • . .....:..... ..._�.__ :r._ ._:. - - _ . �:,:�->:.-: . .. � • _ � ��-�� show- �ttus.. _ cyciic paltem : of reIationslup ivrth _ _ neighboihnod deteriorafion. - - - am� _ - - � - � � �. . `t'ABI:E 3 . SUIyIM�RY=OF STAGE ItI; __ . , ,:_ :Relationships.betweenAdvit�ni?*+a�nT�eiit . �stablisliuierits:and Neigtiborhood Qualit3±%Detenoiation _;E?dntroIled for Le�a7llvIaiket Irifliieriees� . ?,� �t 1970 t�lb: ent I3etel�oration ` Deteiioia#�on ent and 1970 �nii;1:9T6 - Gshments: xetatea ac,a�cu. s.erving and orieiited . . ;a � . )I;-SEKVf1VG: : Relatecl 12e]ated � entertainnient . Iieenses � Related Aelated Vl�i entertainment _ ; _ Altliough: adult' eritertainmenf establisYuneii#s tend to locate ifl already deteriorated neighborhopds, there;is a stroriger tendency for deteriora6on to follow-the location of adult entertainrn.ent establisIiments. � ' aT'he presence ofrelationships is • statisticaliv siqnificant p < :05. �:� � � E. St171RVtARY OF FINDINGS " App: 60 • � � 0 5- �a�: � � A s�unary qf: the:ietafionshigs Found in Stages: � through N is presented m Table $. '.. IInsert Table 5 ) . STAGE I: Does: deferioration tend to.:oecvr in the s�ne� �as : nf ._ tlie . ci(y . as ., advlt ertte�amr�eriC bzuru�esses m =in 1970��iri'797,6? - The . °presence .6f aIl . ad�lt efit?irainn,ent establishments (a�cot�bl3erviiig and --seXUally arierited comtiined) teniis.� to �;�ie associated _wi`t� gieater rieighborhood deterio�tion in both 1970: and 1976: However, wIien iyp�s of 3dUIt .eiitPrtainmp�jf estabfishments are sriidied separately; ffiis rela�i`onsliip`is found orly far t�ie alcohcl-servir�g "estaBlis2iinents, not fbr sexuaIly oriented facilities. � - STAGEII: poes the- r.ela[iorirhip' .. .between neighborhood detei�or"ati4n °:and adrilt eriter[avrment persist - enen . iohea. other factors'�e coralrolled, :in:197Q? in 1,976? . the number of 'ali,:adult>:enteztauiirienY _estaUlishinents (alcohoFseis�i�g -a�d - :sexua4p . `oriented :combined) located in the .iie.ighborhood ,does _persist .after introducir� coritrols for _legal.: ancl :market influenc.es_ This relationsli� is :found:'for: the alcphoI-servii� adiilt facilifies studied- :but not foi 'the : sexually orierited establishments. Tiiese saine.patietns qf association a;e gresent for boYh -1970 :and 1976. Ttierefore, tIie relationship between_ neighborh�o,od deteriordfion. and the presence of all adult entertainment facilities.is more accurately viewed as a °ielationsYup betwe'en ��. . �J • • - _ ::>-: :; - :�� - .. _ � : � ' - ��'�� • _ � �� _ neighborhood and the_ presence of -.a71. aIcoliol-sen�iii�:estalilishments. -: : _ _ _;::�::_ ,: ; :.:;_,;,. . _ STAGE III Hrrs' deterioration- .us .rierghfior}ioqds �::�� _. - folloit3ed =rather. - t�'ian -.ypreceded,-�, ;Tlie , locahon of adult enter[auv�ent�busrriesses tvne • to neighborhood deterioratiorz? _ - Adtilt entertainment facilities_ t�iid . to :. be establistiecl in_areas df relatide deteriordiion:` A paftem of deterioration appears io ;ollow the.locations; o€ c.erfain types of adiilt.eiitertauunent establishments. ,'I3us couIcI be an�erease. nt . the pattem of deterioiation ,`aG'ea�y preserat., - _ _ Tlais.-. -cyale . of _ . "deteriioza�oii;=aeir�lt ' ' ' - n '^�-.:.�-_�:.�... � entertainrne�t-detenoratiQn is seen .on1y_;fg�_ w13i¢h . :.#here 'are : alcohol-serving ` estati�s'I�iients. Sexuall� oriented'establishments do.noXsli4�v�tliis. cyelic aergndomooci quatuy/aetenor,anon .- :a - - thzeshold phenorr�enon? .-TLzvt , is; ;does neighbnrhood quality sizoui.-a. marked _ deterioratiorz. alter a critical-,riumber .of adr�lt erztertairvnent esta%ilishrri,erits me ` locat.e,d in an area? - • ,_ The .. number . of adult entertamm,ent establishments in a neighborhood has a strong Yl�iesliold effect on associated .neighborhood deten`or for both 1970 and 1976. This means that the--nicrease in deterioration associated with each �°addihonal_ establishment is not constant The :effect 'of .'each App. 62 • � � - J ' � � �X�`�� ' Received Mazch 28, 2005 �eC�il�'; ��s Running Head: SECONDARY EFFECTS o � _ 4 0 � • T�stiu•g Assumptions Made by the Supreme �ourt Concerning tjte Negative Secondary Effects of Adult Businesses: A Quasi-Experimental ,�aeroach � � Bryant Paul , • Ph.D. Candidate Universiry of CalifctcRia at Santa� Barbara Department of��omriiunication Santa Bazbara, CA 93106 long time@msn.com Phone: (805) 983-3887 and Daniei Linz Professor of Law and Socieiy, and Communication University of California at Santa Barbara Department of Communication Santa Bazbaza, CA 93106 Linz@comm.ucsb.edu 2002 Intemational Communication Association: Top Four Refereed Papers in Communication, Law and Policy. � 2 Secondary Effects �� 'I`esting Assuffipiioas 1Vlade by the Supreme Courg Concea°ning tlte . 1Vegative Secondary Effects of Adult Businesses: A Quasi-Ezperimental Approach Abstract In order to test the foundational assumptions made by the Supreme Court that communities may regulate adult businesses because they are associated with negative secondary effects, au empirical study of criminal activity surrounding exotic dance nightclubs in a Midwestern community contemplating legislation regulating exotic dance clubs (Fort Wayne, Indiana) was undertaken. Unlike previous studies, conducted in other municipalities, specific attention was given to developing an empirical approach that fulfilled the requirements set out by the Supreme Court for the pmper conduct �f a ��;al ��;Qr,t;f_,� ;nq,�ry, A 1000 feet circumference surrounding each of eight exotic dance nightclubs in Fort Wayne was established. Comparison azeas were selected in the city of Fort Wayne and matched to the club azeas on the basis of demographic features and commercial properry composition. The nucnber of calls to the police from 1997-200� in the areas surrouuding the exotic dance nightclubs was compazed to the number of calls found in the matched comparison areas. Our analysis showed little difference, overall, between the total number of calls to the police reported in the azeas containing the exotic dance nightclubs and the total number of offenses reported in the • comparison azeas. t The Ft. Wayne c]ubs studied in this paper do not operate in a form of what is naditionally considered to be an iadulti entertainment business. The entertainers at these nightclubs perform wearing ipastiesi and ig-stringsi consistern with Indiana statute and the United States Supreme Courtis decision in Barnes v Clen Theatre Inc 501 U.S. 560 (1991). For this reason, while we refer to previous reports and studies as attempring to analyze the relationship of iadverse secondary • effectsi and iadulti businesses, we generally refer to the studied facilities here either as inightclubsi or iexotic dancei establishments. r1 �J [c3 � � _ f� � � Secondary Effects Testing Assnmptions Made by the Snpreme Court Concerning the Negative Seeondary Effects of Adult Businesses: A Qnasi-Egperimental Approach THE SUPREME COURT AND Tf� ASSUMPTION OF NEGATIVE SECONDARY EFFECTS OF ADULT BUSINESSES r� LJ C � Since 1976, the United States Supreme Court has decided a series of cases focusing on whether the free speech clause of the First Amendment allows cities and states to enact legisiation controlling the location of iadulti businesses. iZoningi regulations (e.g., laws or ordinances that prevent a sex-related business from operating within a certain number of feet from residences, schools and houses of worship or a given distance from one another) have been predicated on the notion that cities and other municipalities have a substantial interest in combating so-called inegative secondary effects" on the neighborhoods surrounding exotic dance businesses. These secondary effects are generally said to include alleged increases in crime, decreases in properry values, and other indicators of neighborhood deterioration in the area surrounding the exotic dance business. Typically, communities have either conducted their own investigations of potential secondary effects or have relied on studies conducted by other cities or localities. In more recent years, the Court has considered the constitutionatity of anti-nudity ordinances passed by municipalities or states that have relied on negative secondary effects to justify the legislation. In a fractured decision, the Court in Barnes v. Glens Theatre Inc. held that the State of Indiana couid regulate public nudity. Justice Souter in a concumng opinion ruled that the govemment could undertake such regulation on the basis of the nresurn_e� negative secondary effects on the surrounding community. 2 See e.g , Young v. American Mini Theatres, Inc., 427 U.S. 50 (1976); City ofRenton v Playtime Theatres Inc, 475 U.S. 43 (1986}. 3 See e.g., Barnes v. Glens Theatre Inc., 501 [3.S. 560 (1991); Ciry of Erie v. Pap's A.M., 529 U.S. 277 (2000). 4 Barnes v. Glens Theatre Inc., 501 U.S. 560 (199]) [hereinafter Barnu]. 5 As will be discussed in depth below, restricuons on erotic dance have typically included requiring dancers to weaz at ]east pasties and a G-string when performing. , 4 ��.��pfl Secondary Effects Most recenfly, in Ciry ofErie v. Pap's A.M. the Court again held that municipalities have tfie right to pass anti-nudity ordinances 6 And, again, the Court was fractured. However, three 7ustices agreed with 3ustice O'Connoris opinion thai in confomuty with Justice Souteris concurrence in Bcanes, combating negative secondary effects associated with adult businesses was a legitimate basis for the unposition of anti-nudity regulations. Most notable for the current study, was 7ustice Souter's partial concuirence and partial dissent in the Pap's decision. He signi&cantly revised the position he took regazding secondary effects in Barnes. In Pap's, 3ustice Souter admitted that the evidence of a relationship between adult businesses and negative secondary effects is at best inconclusive.� He called into question the reliability of past studies that putported to demonshate these effects and suggested that municipalities wishing to ban nudity must show evidence of a relationship between adutt businesses and negarive effects. In addition, writing on behalf of four of the other Justices in Papis, Justice OiConnor noted that the nightclub at issue there ihas had ample oppomurity to contest the councilis findings about secondary effects -- before the council itsel� throughout the state proceedings, and before this [the Supreme] Court. Yet, to this day, [the club] has never challenged the city councilis findings or cast any . • -- - ------ - - - - - . .. - - - . . .- . ------- . specific doubt on the validity of those findings.i The four-member plurahty of the Court therefore rejected the clubis challenge to the assertion that the facility engendered adverse secondary effects, because the business itself had not submitted any evidence to refute such an asserted connection. The purpose of the present study is to develop the type of evidence demanded by Justice Souter and noted to be relevant by Justice OiConnor and the other Justices, in order to determine if a relationship exists between the exotic dance clubs in Fort Wayne, Indiana and negarive secondary effects. Further, this evidence is obtained in accordance with established methodological procedures so as to insure the highest levels of scientific reliability. 6 City of Erie v. Pap's A.M., 529 U.S. 277 (2000) [hereinafter Pap's]. • � Id. at 6-7 (Souter, D. concurring in part dissenting in part). 8 Id. at 5 n.3. ��; � ,,,, �� , Secondary Effects J • This study was undertaken in response to an ordinance being considered by the Fort Wayne City Council that would expand the cityis law on how close adutt businesses (including adult cabazets) can be to schools or churches. T`he distance would increase from 500 feet to 750 feet The city also considered eazly closing times for adult businesses and a ban on so called ilap dancingi at exotic dance clubs. The city jusrified the expansion of regulations on the existence of negative effects associated with these businesses that were reported to have occurred in other municipalities. THE SCIENTIFIC STUDY OF NEGATIVE SECONDARY EFFECTS Unfortunately, when most municipalities have conducted studies of crime and adult businesses in the past there has not been a set of inethodological criteria or minimum scientific standards to which the cities were required to adhere. Without such standards we have azgued most cities that have passed legislation aze relying on flawed databases. The basic requirements for the acceptance of scientific evidence for legal decision-making were prescribed by the Supreme Court in the 1993 case of Daubert v. Merrell Dow. � In Daubert, Jusrice • Blaclanun, writing for the Court, held that there are certain limits on the admissibility of scientific evidence offesed by "expert witnesses" in federal courts. In an attempt to prevent the proliferation in cournooms of what Peter Huber has called "junk science," the Supreme Court in Daubert opined that scientific knowledge must be grounded "in the methods and procedures of science;' and must be based on more than "subjective belief or unsupported specularion." Thus, the Court said, "the requirement that an expert's testimony pertain to 'scientific knowledge' establishes a standard of evidentiary reliability. l The Court observed that "[i]n a case involving scientific evidence, evidentiary reliability will be based upon scientific validity." Offering "some general observations" as to how this connection can be made, the Court provided a list of factors that federal judges could consider in ruling on a proffer of expert scientific 9 See, Bryant Paul, Daniel G. Linz, and Bradley J. Shafer. Government regulation of adult businesses through zoning and • anti-nudity ordinances: Debunking the legal myth oJnegative secondary effects. Comm. L. & Poliy 355-392 (2001). 10 Daubert v. Merrell Dow, 509 U.S. 579 (1993) [hereinafrer Daubert]. j I Id. at 590 n. 9. r 6 ;� , � � _ � o � Secondary Effects testimony: 1.) The "key question" is whether the theory or technique under scrutiny is testable, borrowing Karl Popper's notion of falsifiability. 2.) Although publication was not an absolute essential, the Court noted that peer review and publication increased "the likelihood that substantive flaws in methodology will be detected." 3.) Error rate. 4.) Adherence to professional standards in using the technique in question. 5.) Einally, though not the sole or even the primary test, general acceptance could "have a bearing on the inquiry." VJhile it may not be necessary to hold a single study of adverse secondary effects to each of these considerations when weighing the validity of evidence substantiating the e�cistence of such effects, at least two factors, error rate and adherence to professional standards are indispensable. Before discussing those rivo elements, we will briefly address the other factors as well. ' � ' ' -' � • . -� . s.. �. - .,.._� i- We presume that it is at least a testable position that secondary effects may exist, and may be connected to certain businesses, or else a study would not be undertaken in the first piace. More to the point, however, in Papis, both the opinion by Justice Souter and that authored by 7ustice OiConnor on behalf of four Justices (therefore constituting a combined majority of the Court) presume that such a connection or nexus is testable. In fact, Justice Souter states specifically that i[t]he proposition that the presence of nude dancing establishments increases the incidence of prostitution and violence is amenable to empirical treatment ....i In addition, the procedures and methodologies that we use here are no different than our previous review and critical analysis of the existing isecondary effectsi literature; which itself has been both peer-reviewed and published. See, n.9, supra. Finally, the analysis that we undertake here -- comparing specified locations with regazd to cails for service — is neither novel, unique, nor groundbreaking. It is a form of reseazch that receives general acceptance in the scientific community. It is only the nature of the businesses that makes this study different. � • iZ Id. at 593-594. • � 3 Papis, 120 S.Ct. 1382, 1404 n3 (Souter, J. concurring in part and dissenting in part). Secondary Effe�s • 0�-�0� The third and fourth factors, the calculation of an error rate and adherence to professional standards in using techniques or procedutes are the most critical factors tl�at need to be applied to any secondary effects study in order to ensure "evidentiary reliability." Without this refiability, there is no basis to determine whether there is a substantial or important governmental interest involved or whether a specific piece of legislation is "necessary" in order to further that interest, or whether it is "reasonable" for a municipality to rely upon such a study as a basis for enacting legislation. In a scientific study, the error rate refers to the probability of accepting a result as true, when in fact it is false. s It is an indication of the reliability of a finding. An error rate is deternrined by first catculating an estimation of a population characteristic (a statistic) that summarizes the data that has been collected, and then asking how likely it is that that statistical value would be obtained by chance alone. The error rate is the degree of chance a scientist will allow. In the social sciences it is conventional to set the esor rate at five percent or less (i.e., we will tolerate an error rate that 5 times out of 100, the results may be obtained by chance and that we may be wrong). � Unless certain assumpiions aze met, statistical tests cannot be applied to the data and an enor rate cannot be calculated. Most important of these assumptions in regard to, for example, survey reseazch, is that the units of analysis (e.g., survey respondents) are randomly selected from the population, or in regazd to an experiment, that the units of analysis (e.g., subjects) aze randomly 14 These are the facton that the United States Supreme Court has established in order to analyze the constiturionaliry of legislarion under what is Imown as iurtermediatei scrariny. In United States v. OiBrien, 391 U.S. 367 (1968), the Supreme Court established a four-part test for such scrutiny, which requires a court to analyze, for example, iwhether the regulation furthers an important or substanrial govemmental interest,i and iwhether the incidental resh on alleged First Amendment freedom is no greater than is essential to the furtherance of that interest.i � at 377. In addition, when determining whether a regulation furthers an important or substantia] govemmental interest in the conte�ct of a isecondary efFectsi analysis, a municipality may rely upon previous studies iso long as whatever evidence the [govemmentl reties upon is reasonably believed to be relevant to the problem that [it] addresses.i Renton v. Playtime Theatres, Inc., 475 U.S. 41, 51-52 (1986) (clarification added). 15 See, Robert R. Pagano, Understanding Statistics in the Behavioral Sciences. 215-216, 384 (5� ed. 1998). See also Geof&ey Keppel, Design and Analysis: A Researcher's Handbook. 164165 (3 ed. 1991); David C. Howell, Statistical Methods for Psychology. 349-350 (4�' ed. 1997). See generally, Jacob Cohen & Pa�icia Cohen, Applied Multiple RegressiordConelation Analysis for the Behavioral Sciences. 166-176 (2n ed. ] 983) (discussing causes of type I and rype • II error and ways to correct for each). � 6 Jacob Cohen & Patricia Cohen, Applied Multiple Regression/Correlation Analysis for the Behavioral Sciences. at 21 �Znd ed. 1983). 1 _ � � � s�onaazy Eff� assigned to experimental (or study) and conhrol (or comparison) groups. � The results of properly conducted experiments and surveys aze always couched in terms of an error rate. However, in many cases, especially in field research, it is not possible to randomly assign units of analysis to an experimental group and a controi group. g This is universally true of isecondary effectsi studies. It is not feasible to randomly assign exotic dance nightclubs to some locations in the city and randomly assign other areas as control areas and then take account of whether crime increases or decreases azound the clubs relative to the control azeas. VJhen this is the case, adherence to a set of professional standards that have been devised by scientists in a particular azea of inquiry to insure methodological integrity and thus the validity of a study is all the more necessary. These standards vary somewhat depending on the area of inquiry or social science discipline, but they aze generally lrnown as professional standards for conducting iquasi-experiments.i --._��..__.��- %- _ The majority of the secondary effects studies reviewed generally assume the following form. . • - - -------------- ---- -- -- - - - - ---- ------ -- -- --- Researchers assemble crime statistics and calculate average pmperiy values and other general measures of neighborhood quality or deterioration (e.g. residential turnover rate, local taY revenue, etc.) in the geographical area surrounding exotic dance entertainment businesses. In a few studies these measures are compared to other azeas that do not contain an aduit business. Another popular data gathering methodology is to perForm a survey in which residents or business owners are asked for their opinions of the likely impact of adult entertainment businesses on their neighborhoods. The former type of study may be relevant to determining whether certain forms of establishments cause iadverse secondary I� Earl Babbie, The Practice of Social Research. 202-210 (8� ed. 1998). See also, Royce A. Singleton, Ir., Bruce C. Straits, & Mazgaret Miller Suaits, Approaches to Social Research. 136-151 (2 ed. 1993). � 8 Dona]d T Caznpbell & Julian C. Stanley, Experimental and Quasi-ezperimental Designs for Research. 34 (1963). 19 Obviously, it is not possible to randomly assign certain businesses to some neigJiborhoods and hold other neighborhoods as conkols. 20 See, Campbell & Stanley, supra note 68 at 34-71. • � � � x � g� � t i � effectsi if conducted in accordance with sound scientific principles, provide any empirical insight to tlris issue. Secdndary Effects while the latter arguably dces not In the present study, the impact of exotic dance clubs on the occurrence of crime is specifically considered. The discussion of acceptable scientific procedures is limited to those necessary to insure the proper implementation of such a crime study. Tluee criteria aze crucial in insuring that a scientifically valid study of secondary crune effects • has been conducted. First, in order to insure accurate and fair comparisons, a control azea must be selected that is truly iequivalenti to the area contauring the exotic dance entertainment business(es). Since most analyses of secondary effects attempt to uncover increases in crime, professionai standazds dictate that the control (non-exotic dance) site must be comparable (matched) with the study (exotic dance) site on variables related to crune. Of particular importance are that the study and control azeas aze matched for ettuucity and socioeconomic status of individuals in both areas. A concerted effort should also be made to include only comparison areas with similaz real estate mazket characteristics such as proportion of commercial and industrial space in either area. The study and control areas should also approximately equal in total population. Finally, because of the effect of businesses that - - - - - - -- serve alcoholic beverages on crime and neighborhood deterioration, the study and control azea should be matched on the presence of alcohol serving estabiishments. The reasons for these concerns aze discussed later in this paper. In summary, studies which employ a test group or azea and a matched con�ol group or azea, aze commonly referred to as iquasi-experimentali designs and the most unportant consideration in such a design is whether the comparison group or control group aze well matched. Second, a sufficient period of elapsed time, following the establishment of an exotic dance entertainment business, is necessary when compiling crime data in order to enswe that the study is not merely detecting an ematic pattem of social activity. Generally, the longer the time period for 2P See, n.9, supra. • 22 See, Campbell aad Stanley, supra note 68. See also, Babbie, supra note 67 at 213-214. 23 See e.g., City of St. Paul, Minnesota, Neighborhood deterioration and the location of adult entertainment establishments in St. Paul. (1978). 10 ,�� Secondary Effects observation of the events under consideration, the more stable (and more valid) the estimates of the event's effects tend to be 24 Third, the crime rate must be measured according to the same valid source for all azeas considered. Studies of secondary effects typically focus on two general types of crime in relation to exotic dance entertainment businesses. T`hese two types of crime are "general criminal activity" (including, but not limited to, robbery, theft, assault, disorderly conduct, and breaking and entering) and "crimes of a sexual nature" (including, but not limited to, rape, prostitution, child molestation, and indecent public exposure). It is especially important that the measurement of these crimes is based on the same information source for both sites and throughout the entire study period. For example, if the study azea measures crime by the number and type of calls made to the police department, the comparison area must also rely on such a measure when the two azeas are compared. In addition, the crune information source must be factually valid and reliable such as a daily lag kept by police, or a compilation of the number of calls for service made in a municipality recorded by street address or similaz geograplucal locators. Any change in police surveillance techniques regazding exotic dance entertainment businesses in a particular community must also be noted. Obviously, increased surveillance of an area simply because an exotic dance club is located there will have an impact on the amount of crime detected by the police. If increased police surveillance and the presence of an exotic dance club in a particulaz azea are confounded in this way, it is impossible to tell whether crime has increased due to the presence of the club or simply because of the increased police activity. Finally, an error rate must be calculated. The error rate is the degree of chance a scientist will allow. In the social sciences it is conventional to set the error rate at five percent or less (i.e., we will tolerate an error rate of 5 times out of 100 the results may be obtained by chance). � • Z4 Royce A. Singleton, Bmce C. Straights, & Mazgaret M. Straights, Approaches to Social Research. at 213-241 (1993). • 25 See, Caznpbell & Stanley, supra note 68 at 5, 9. • ii Seoondary Effects ��.- s . . -�.� - - .�.._► �_��- i.- .x .i� �..�. The following criteria were applied to insure that a scientifically valid quasi-experimental siudy • of secondary effects would be conducted in the city of Fort Wayne. Fiist, in order to insure accurate and fair comparisons, comparison areas were selected that were equivalent to the azeas surrounding the exotic dance entertainment businesses. Second, a sufficient period of time (over three years) was employed when compiling the crime data used in this investigation in order to ensure that the study was not merely detecting a temporary and erratic pattem of criminal activity. Third, the crime rate was measured according to the same valid source for ail azeas of the city considered and the crime information source was a factuaily valid compilation of the calls for service supplied by the City of Fart Wayne. Statistical analysis is undertaken where appropriate and an error rate is calculated to determine if any differences found between club and comparison areas are due to chance or true differences. t > �'1 � • .- tt : �� . It was not possible to randomly assign units of analysis to an experimental group and a control group to perform a itruei experiment to test the hypothesis that exotic dance nightclubs in Fort Wayne engender negative effects. However, as noted above, there is a set of professional standards that have been devised by social scienfists to insure imethodological rigon (procedural validity} in this situation. These standards aze generally lmown as professional standards for conducting iquasi-experiments.i In order to insure accurate and fair comparisons, a control azea must be selected that is huly iequivalenti to the area containing the adult entertainment business(es). Since in tlus study an attempt was made to uncover whether crime had increased in the areas surrounding the exotic dance nightclubs, professional standards dictate that the control (non-exotic dance) site must be compazable (matched) with the study (exotic dance) site on demographic and other variables that are generally regazded as • being related to crime rates_ IZ Secondary Effects � In order to insure confidence in our results, it is particular importance that the siudy and comparison azeas be matched for population ethnicity and age, two factors that are irnown to be related to crime rates. The socioeconomic status of individuals in both areas mvst atso be considered and the study and comparison areas mvst be matched on these variables as well. For example, Cohen, Gorr, and 011igschlaeger have found that crime hotspots tended to be in azeas with higher levels of poveriy. The number of female-headed households and total divorced residents in each area should also be taken into account. This is because Cohen, Gorr, and 011igschlaeger found that crime hotspots tended to be associated with low family cohesion Z� The study and control areas should also be approximately equal in total population both in order to control for the effects of poputation density on crime and to cosect for rate of crime. A concerted effort should also be made to include only comparison azeas with similar real estate mazket characteristics, such as proportion of commercial and industrial space in either area. � � Higher levels of crime tend to plague places with certain types of facilities and not others. In some ---- ----- --- ------ – ---- - - - — cases, for example, crimes seem to be elevated by a target rich environmentofor example, thefts of, 24-fiour convenience stores, auto thefts from large pazking lots, or robberies &om shoppers in heavily frequented commercial azeas. (Engstad 1975; Duffala 1976). Finaily, because of the effect of businesses that serve alcoholic beverages on crime and neighborhood deterioration, the study and control azea should be matched on the presence of alcohol serving establishments such as bazs and tavems. Certain activities such as alcohol consumption seem to contdbute to levels of violence Z6 Jacqueline Cohen, Wilpen Gorr, and Andreas 011igschklaeger. Modelfingstreet-level illicit drug mmkets. Working p�er 93-64, The H. Jo}m Heinz III Schooi of Pub. Pol. and Mngmt., Camegie Mellon Univeisiry, Pittsbisgh (1993). � See, Id. 28 P. A. Engstad. Errvironmental opportunities and the ecology ofcrime. Crime in Canadian Society. (1975); D. C. Duffala. Convenience stores, azmed robber, and physical environmental features. .4merican Behavioral Scientist, 20: 227-246. (]976)- 29 Dennis W. Roncek and M. A. Pravatiner. Additional evidence that tavems enhance nearby crime. Sociology and Social Research, 70; 185-188; Richazd Block and Cazolyn Block. Space, place, and crime: Hot-spot azeas and hot places of • • 13 /� Secondary Effects 4d � °� Lt. � :� All of these various attempts to imatchi the subject and control areas are critical in order to insure that the results we obtain can be ascribed to the presence or abserice of (in this case) an exotic dance nightclub, and not to some other irrelevant factor. ..._�,_• u.< ,.-. .��_.., �� _ �,�..,. In order to insure that the research reported here utilized appropriately imatchedi exotic dance club (sfudy) and non-club (comparison) areas, a critne mapping approach was utilized. A 1000 feet azea was identified as surrounding each of eight exoric dance nightclubs in Fort Wayne, Indiana. Comparison azeas, each 1000 feet in radius were selected by using a set o£neighborhood demographic features that matched with the exotic dance business azeas on the basis of demographic features known to be related to crune, and by further matching azeas on the basis of commercial property composition. The following demographic variables were chosen for matching control and exotic dance club � sites because of their established empirical relationship with criminal activity: Number of female headed households, total population (1997), total number of white residents, totai number of black residents, residents aged 18-29, total divorced residents and median household income. Each of these variables was identified at the U.S. Census block level. The geogaphic information system computer program, Maptitude, was used to locate the census block within which each club was located. The values on each of the demographic variables were identified for the census block within which the exotic dance nightclub was located. A comparable block, matched for values on the crime variabies, was then selected via Maptitude. When study or comparison areas fell across more than one census block, a mean for all of the blocks involved was calculated to determine the vaIue of each demographic variable. All control azeas were selected before the crime data was obtained and thus before any analysis of the crime data was undertaken. • liquor-related crime. In Crime and Place, edited by J.E. Eck and D. Weisbwd. Vol. 4 of Crime prwention studies. Monsey, New York: Criminal Justice Press. , 14 �� Secondary Effects Table 1 displays a comparison of the values for the demographic chazacferistics measared at the census block level for the club locations and the control locations to wIuch they were matched. The average level of each variable (summed across locations) for the club azeas and the control azeas are presented in Table 2. Looldng at the table reveals, for example, that the exotic dance nightclub azea census blocks had an average of 88 female-headed households, while the comparison or control area blocks had appro�mately 73 similar households. Or, to take another example from the Table, the 1997 median household income level for the comparison area was appro�mately $34,270, while the club area income level was approximately $33,505. A statistical analysis was undertaken to insure that the eight ciub and eight comparison locations did not differ significantly from each other in terms of the demographic variables chosen for matching. A� test for equality of ineans for independent samples was undertaken for the comparison and ciub areas for each demographic variable. None of these tests reached statistical significance (p < .OS) (see Table 3) meaning that, on average, the comparison and exotic dance club areas did not statistically differ from one another, and were therefore well matched. This helps ensure that any differences that we might later uncover in the number of calls for service are the result of the presence or absence of these exotic dance clubs, and not the result of some other factor. Figure 1 presents a map of the central Fort Wayne azea and shows the location of the exotic dance clubs in the Fort Wayne azea; including the 1000 feet radius around each club location. Also displayed in Figure 1 aze the areas located by Maptitude that are matched to the club areas by the demographic variables related to crime. ll �� - Calls for service for crimes that were presumed to be related to exotic dance establishments in several of the more methodologically sound studies conducted by other municipatities were included in our examination. These included: 1) Sex crimes (rape, molestation, indecent exposure, sexual battery), 2) aggression related non-sexual offenses (shootings, fights, aon-sexual battery, disturbances), and 3) thefrs, burglaries and robberies. Over 39,000 calls for service to the police for a three-year-ten-month C� � • • is � Secondary Effects � ```, , � � 4 ` �,. s�. � period from January 1997 to October, 2000, were obtained from the City of Fort VJayne crime records division and examined. Only those incidents for wluch calls for service� were made and later not based on unfounded charges were included in the study. A listing of all crimes included in the study and their location are available by computer disk from the authors. RESiTLTS S • Table 4 displays the calls for service undertaken by the Fort VJayne police within a 1000 feet radius of the eight exotic dance nightclubs -and the matched comparison azeas. For two of ihe overali arrest categories, a) sex crimes, and c) tfiefts, burglaries and robberies, the number of calls for service were remazkably similaz. The additional arrest category, aggression related non-sexual offenses, displayed a mazkedly different pattern. Inspection of the table reveals that for crimes presumed to be especially likely to be related to exotic dance entertainment establishments, such as rape, molestation, indecent exposure and sexual battery, the number of crimes was neazly identicaI in the azeas surrounding the exotic dance nightclubs and the comparison areas (a total of 42 in the club azeas and 43 in the matched comparison azeas). In order to form a visual representation of the pattern of calls for service for sex-related crimes in Fort Wayne, generally, and the location of sex crime calls for service within the 1000 feet radius of the exotic dance clubs calls for service and in the matched comparison azeas, the geographicai location of the sex related calls for service were plotted on a map of the city. These locations are presented in Fagure 2. A closer inspection of the street addresses for calls for service in the vicinity of an example club and its comparison azea can be found in Figure 3. For the aggression related non-sexual offenses, categories including shootings, fights, nonsexual battery and disturbances, the results indicated greater frequencies of arrest in the comparison azeas compazed to the club areas (a total of 111 in the club areas and 245 in the matched comparison areas). However, calls for service for thefts, burglaries and robberies were more comparabie to one another in the club and comparison areas (a tota1467 for the club areas and 424 in the matched comparison azeas). 16 � �' `� '�.� � s�na� Eff� Overall, ��mm;ng across all of the crime categories there were a total of 620 cails for service in ihe exotic dance club azeas and �12 calls for service in the comparison areas. Table 5 displays the cityrvide totat for calls for service within each crime category for the three-year period. It is useful to catculate the number of calls for service that are attributed to the exotic dance club areas as a percentage or proporkion of the total number of calls for service for the city of Fort VJayne as a whole. Expressed this way, it may be noted that the areas surrounding the exotic dance clubs accounted for only 42 of a total of 1732 sex crimes in Fort Wayne, or approximately 2 percent of the totai. The areas azound the exotic dance clubs were locations for approximately four-percent of the total aggression related nonsexual offenses, while the comparison areas were the locations for twice as many calls for service over eight percent of the total calls for service in this crime category. Finally, the azeas around the exotic dance clubs accounted for appro�mately three-percent of the total number of thefts burglaries and robberies in the city. This percentage was a similaz proportion of the total as that accounted for by the comparison areas. SUMMARY AND Il17PLICATIONS An empirical study of criminal activity surrounding exotic dance nightclubs in Fort Wayne, Indiana, was undertaken. The present investigation, unlike most others of adverse secondary effects, adhered to the basic requirements set out by the Supreme Court for the proper conduct of a social scientific inquiry. A quasi-experunental approach was undertaken in which areas surrounding the exotic dance clubs and comparison (control) areas were examined. In order to insure accurate, fair and useful comparisons, control areas were selected that were equivalent to the areas surrounding the exotic dance entertainment businesses. A sufficient period of elapsed time was employed when considering arrest data to ensure that the study did not merely detect a temporary or ematic pattem of crime activity. To this end, informafion on calls for service for a three-year period was obtained from the City of Fort Wayne. A 1000 feet circumference surrounding each of eight exotic dance nightclubs in Fort Wayne . . was examined for the number of police calls for service occurring over a three-year period. • . 17 ��. ,- � -� �, Secondary Effects ' * a t � � a ° F � Comparison azeas were selected in the Fort Wayne azea and matched to the club areas on the basis of demographic features known to be related to crime. The number of calls for service in the azeas surroimding the exotic dance nightclubs was then compazed to the number of calls for service fo�md in the matched comparison areas. The crimes in our examination included: 1) Sex crimes (rape, molestation, indecent exposure, sexual battery); 2) aggression related non-sexual offenses (shootings, fights, non-sexual battery, disturbances); and 3) thefts, burglaries and robberies. An analysis showed that for crimes presumed to be especially likely to be related to adult entertainment establishments, such as rape, molestation, indent exposure and sexual battery, the number of calls for service for such crimes was nearly identical in the areas surrounding the exotic dance nightclubs and the comparison areas. For the aggression related non-sexual offenses, the results indicated greater frequencies of arrest in the comparison areas compazed to the club azeas. In fact, the percentage of calls for service as a function of the total calls for service made in the city for these • crimes was twice as high in the comparison areas as in the club areas. However, the thefts, burgiaries and robberies arrest frequencies were more comparable to one another. - - It must be conciuded that there is no empirical evidence for the presence of adverse secondary effects, in the form of crime, surrounding exotic dance businesses in Fort Wayne. The assumprion that such effects exist and that a community may regulate these establishments on the basis of adverse secondary effects is therefore not substantiated in the present study. In addition, it is further concluded that unlike the general types of aicohol facilities (bars and taverns) which do not present iadulti or exotic forms of entertainment, but which are generally associated with elevated levels of criminal activity, the exotic dance nightclubs in Fort Wayne do not demonstrate any empiricai connection to the iadverse secondary effecti of elevated crime rates. • �i-��- � ��.- _. . . There is neither sound socioIogical theorizing nor empirical research to substantiate the idea • that crime would occur disproportionately in the areas immediately surrounding iadulri businesses. � ,� �', '' °� `�. �� "; Secondary Effects -� f Recenfly, there has been a resurgence of interest in crime ipIaces?— the geographical location of crime -- aznong criminologists. This interest spans theory from the perspective of understanding the etiology of crime, and practice from the perspective of developing effective criminal justice interventions to reduce crime. For example, in Routine Activities Theory, fust introduced in Cohen and Felson (1979), later refined in Felson (1986, 1994), and extended to crime pattern theory in Brantingham and Brantingham (1993), location or ipIacei is central to an understanding of crune patterns. A particular geographical location may serve as a locus where motivated offenders come together with desirable targets in the absence of crime suppressors (who include guardians, intimate handlers (Felson 1986), and place managers (Eck, 1994). In tfiis theorizing, the convergence of crime opportunities in certain piaces is facilitated by both physical and social features. These features provide a context or setting that is more or less conducive to crime (Clazke 1992). The data obtained in the present study, consistent with these ideas about features of certain places and increased crime, indicate that there is little difference beriveen the exotic dance nightclub areas and comparison areas especially in regard to sex-related crimes and properiy crimes. These clubs do not appear to be locations where, as crim;nologists term it, potential sex offenders gather to prey on desirable targets in the absence of crime suppressors, such as place managers. The extensive manaaement of the parking lots adjoining the exotic dance nightclubs, in many cases including guards in the pazking lots, valet parldng and other control mechanisms, reduces the possibility of disputes in the surrounding azea. In addition, unlike other liquor serving establishments (bars and taverns), disputes in the azeas surrounding these exotic dance clubs between men regarding unwanted attention by other males to dates or partners are minimai due to the fact that the majority of patrons attend the clubs without female pamiers. Further, security measures inside the clubs reduce the potential for skirmishes among customers. The possibility of interpersonal aggression may be gready reduced in the vicinity of exotic dance clubs, compared to most other locations where adults congregate, such as bars or taverns that do not feature exoric dancing. The fmding of a greater frequency of calls for service for nonsexual offenses in the comparison azeas, compared to the club areas, suggests that the control mechanisms � �J r � L J • R� ' Secondazy Effects �, -- _, . • found in the exotic dance locations that may prevent criminal activity may not be present in the comparison locations. Liquor serving establishments in the comparison azeas may not maintain high levels of pa,�k'ng lot and other customer security measures. This lack of crime suppressing features for bars and tavems may account for the higher levels of arrest in the comparison areas. ' �- - -.:... .. - •��.� ia i.� ' J.!• i�9i•�ievi.a!i��.e:�..z�es s- _� _ _�_� __ - _ — _ ' It has been demonstrated through this study that fhere is a sufficient basis for a serious challenge to the assumption that there is an empirical relationship between exotic dance businesses and at least one kind of negative secondary effect, specifically increases in crime. Further, this conclusion is based on research procedures that adhere to long-standing and well-accepted methodological procedures for insuring sound scientific conclusions. In Pap's, Justice OiConnor provides room for challenges, based on the collection of empirical evidence, to the assertions made by municipalities regazding a relationship between adverse secondary effects and nude dancing. She noted that the adult business in question in Pap's (Kandyland) could • have challenged the city of Erieis assertion that nudity led to ill effects, but did not do so. This leaves room for the introduction of secondary effects evidence, such as that collected in the present quasi-experimental investigation, by businesses both in city council hearings and in any subsequent court litigation. In order to remain consistent with the Supreme Court's holding in Pap's, lower courts will be required to consider the methodological legitimacy of evidence of a relationship between negarive secondary effects and the subject businesses collected both by govemments and by those business owners who attempt to challenge government ordinances restricting their establishments. In evaluating the admissibility of this evidence, the courts are best served by t�uving to standards laid out in Daubest for the admissibility of scientific evidence. The study presented here meets such standards for admissibility. The application of such standazds, bolstered by Justice Souter's opinion in Pap's, may force courts to reject studies that have been previously relied upon as evidence • 23 Pap's, supra note 5 at 17 (plu[aliry opinion). 20 ,� '' �- �°' i� �= Secondary Effects �� of negative secondary effects, and require new, more methodologicalIy sound, studies to demonstrate the necessity for regulations directed at the exotic dance industry. The courts should be mindful of the criteria laid out above for collecting empirical evidence in a methodologically sound manner. Specifically, only evidence obtained using relatively closely matched comparison and study areas, or a comparable procedure, may be acceptable. �J i • 21 Secondary Effects ' !, _ � �� . Table 1: Comparison of the club locations and the matched control locations on the variables related to crime. CONDTTON FEMALE HEAD OF HOUSE HOLD TOTAL POPULATION 1997 WffiTE BLACK AGE 1&-29 DIVORCED IN POPULATTON I997 INCOME 1997 Brandy's 1.00 177.00 5503.00 5309.00 128.00 1005.00 Brandy's control .00 112.00 4055.00 3667.00 Cagney's Showclub 1.00 61.00 2233.00 2103.00 TOTAL 579.00 37488.Q0 275.00 902.00 379.00 46716.00 78.00 350.00 164.00 38547.00 Cagney's Showclub control area .00 70.00 1374.00 1516.00 104.00 211.00 137.00 34912.00 Eli°s 1.00 20.00 1582.00 1426.00 90.00 456.00 172.00 39025.00 Eli°s eontrol area .00 30.00 1455.00 1332.00 74.00 364.00 168.00 36973.00 • Pair A Dice 1.00 82.00 895.00 453.00 411.00145.00 83.00 27798.00 Pair A Dise control area .00 71.00 897.00 364.00 492.00 141.00 77.00 26293.00 -- --- -P-oor_Johm's -.1A0_-_l.8_50_-284.00195.00.74.00 57.00 __43.00 21900_00 _ _ _ . _ . Poor Jo1en's control area .00 15.00 310.00 195.00 109.00 40.00 51.00 20190.00 Showgirl l 1.00 177.00 5503.00 5309.00 128.00 1005.00 5howgirll eontrol asea .00 112.00 4055.00 3667.00 46716.00 579.00 37488.00 275.00 902.00 379.00 Showgirl 3 1.00 109.00 1649.00 1501.00 85.00 265.00 191.00 33147.00 Showgirl3 eontroI area .00 119.00 1599.00 1449.00 93.00 125.00 212.00 31408.00 Stewie°s 1.00 60.00 681.00 604.00 57.00 178.00 96.00 32647.00 Stewie's coaatrol area.00 56.00 624.00 577.00 32.00 146.00 92.00 30959.00 • 22 i 3 Secondary Effects p�°40� Table 2. Average values (rneans) for demographic variables averaged across exotic dance nightciub and comparison azeas. � Condition N Mean Std. Deviation Std. Error Mean Female Head of Household 1990 Comparison area 8 73.1250 39.0474 13.8053 Club area 8 88.0625 62.4342 22.0738 Estimated 1997 population Comparison area 8 1796.1250 1460.3971 516.3283 Club area 8 2291.2500 2074.3695 733.4004 Number of households 1997 Comparison area 8 772.1250 583.7914 206.4014 Ciub area 8 946.0000 824.2210 291.4061 WHI'fE Comparison area 8 1595.8750 1372.9412 485.4080 Club area 8 2112.5000 2Q69.7428 731.7646 BLACK Comparison area 8 181.7500 154.4092 54.5919 Club area 8 131.3750 115.7262 40.9154 People aged 18 - 29 Comparison area 8 353.8750 350.6783 123.9835 Club area 8 432_6250 374.0424 132.2439 Divorced males and females in 1997 Comparison area 8 186.8750 129.1925 45.6764 Club area 8 238.3750 216.0740 76.3937 7997 median household income Comparison area 8 34270.8750 9247.0605 3269.3296 Club area 8 33505.0000 6044.2528 2136.9661 F � • • 23 ! tvalue df u Secondary Effects Sig. (2-tailed} Mean Difference Female Head of Househo(d 1990 -.574 14 .575 ��6��{A -14.9375 Estimated 1997 population -.552 14 .590 -495.1250 Number of households 1997 -.487 94 .634 -173.8750 WHITE -.588 14 .566 -516.6250 BLACK .738 14 .472 50.3750 People aged 18 n 29 -.434 14 .671 -78.7500 Divorced males and females in 1997 -.579 14 .572 -51.5000 1997 median househoid income .196 14 .847 765.8750 Table 3. Statistical tests (t-tests) for demographic variables used to match club and comparison azeas. • 24 �, ` . � � Secondary Effects Table 4. Calls for service in the city Fort Wayne generally and in exotic dance nightclub and matched comparison azeas by crime type. City-wide Total Rapes 6 10 432 Molesting 6 6 Indecentea�posure 29 Sexual battery 1 5 Total 42 43 1732 Sez Crimes Club Comparison 677 22 590 33 f � Q Additaional Aggression Related Non-sezual Offenses Shootings 2 6 284 Fights 14 75 341 Non-sexual battery 18 61 887 Disturbance 77 103 1398 Total 111 245 2910 Thefts, Burglaries & Robberies Theft from buildings 277 226 3476 Theft -bikes 10 16 1232 ---- -- — -- Butglaries 116 129 7238 Robberies w/ firearm 39 33 882 Robberies w/o firearm25 20 1215 Total 46'7 424 14043 Overall Reported Offenses 620 712 18685 � • �' , � � �, � � �� ± ." � ° �� '-� Secondary Effects • Table 5. Percentage of calls for service in club and comparison areas as a function of tota.l calls for service for sex crimes; additional aggression related non-sexual offenses; and tliefts, burglaries and robberies. Clnb Comparison Total Sez Crimes Total 42 43 1732 Percentage of sex crimes tota12.4% 2.4% • Additional Aggression Related Non-sesual Offenses Total 111 245 2910 Percentage of aggression related non-sexual total 3.8% 8.4% Thefts, Bvrglaries & Robberies Total 467 424 14043 Percentage of thefts, burglaries & robberies 33% 3.0% Overall Reported Offenses 620 712 18685 Percentage of overali reported offenses 33% 3.8% • �� r� � �: " �� - Secondary Effects Figure 1. Location of the exotic dance clubs in the Fort Wayne azea (including the 1000 feet radius . around each club) and azeas matched to the club azeas by the demographic variables related to crime. • • 27 ' � Secondary Effects � -� . � _� • Figure 2. Geographical location of the of calls for service for sex-related crimes in Fort Wayne, generally, and the location of sex crime calls for service within the i 000 feet radius of the exotic dance clubs calls for service and in the matched comparison areas. L� � �# . 2s n �� `" �` �` s�ona�y Eff� � F�gure 3. GeograpIucal location of the calls for service for sex-related crimes in Fort Wayne for a � selected exotic dance club and its matche�comparison azea. • � n �J � i �cb-,�b t� Received March 28, 2005 � An Examination of the Assumplion that Adult Businesses Are Associated with Crime in Surrounding Areas: A Secondary Effects Study iu Chariotte, North Carolina Daniel Linz Bryant Paul Kenneth C. Land Michael E. Ezell Jay R. Williams Recenc Supreme Court decisions have signaled the need For sound empirical smdies of the secondary etIecrs of adult businesses on the surrounding areas for use im m�junttion with lacnl mning restricrions. This scudy seeks co determine whether a relationship exists between adutc eroric dance dubs and nega[ive seconduy effecrs in the form of inaeased numbexs o� oimes reported in the areas surrounding the adult businesses, in Chazlotte, Norrh Carolina For each of 20 businesses, a control site (ma[ched on the buis of demograp}uc charac[erisacs i�elamd [o crime risk) is compared for crime evens over [he period of three yeais (1998-2000) using data on crime incidenrs repwted [o the pofice. We find thac the presence of an adult nightclub does not increase d�e number of mme inddena reported in localized areas surrounding the dub (defined by dreular areas of 500- and 1,000-foot rad"u) u tompared to the number of crime inodents reported in comparzble locatized areas that do not conrain such an adult business_ Indeed, the analyses impty the opposite, namely, that the nearb}• areas surrounding . __...._ _ _ cFie a361F business siFesfiave smallei nud�6ersbf reported� crime incidents chan do corresponding areas surrounding che three concrot si[es smdied. These findings are interpreced in rerms of the business manda[es of profitabiliry and tontinuity of existence oE the businesses. TYAtr'OdllC110II I n a 1977 ABC News Speaal entided Sex for Sale: The Urban Buttleground, Howard K. Smith conduded a segment with the folloc��n�: K"e thank John Coucheil, Assistan[ Dircctor, Svacegic Planning 3 Analysis, Charlotm- Mecklenburg Polim Department for pro��ding the data analyzed in t6is study and for helpful advice. My iriadequacies of analysa or erroa of in[erpretafion are, however, solely che ruponsbilig• of ehe aud�ors of chis aztide. Address all correspondence �o Danie! Linz, Professor, Deparvnenc of Communiwuon and the Law and SoFiety Rrograni, Universiry of Califomia, Sanra Barbare, CA 93106; e-maiL linz@comm.ucsb.edu. Law f� Saciety Reviem, Volume 38, Number I(2004) QC 2004 by The Law and Sodety Association. All righcs reserved. � J 1; ...- _ y � � q , �m�� 70 Aa�Esamination of Adnit Busiaesscs and Crime Commertial sex is ofcen caIled a victimless crime. We have shown that a glomeration of sex 6usinesses, in fact, have many vicvms. Residents move out of the areas from feaz; customers desert legiamate shops cvhich have to sell out at a loss. City dwellers aze victimized by having co pay more taxes to make up for the ueas tha[ are in azreazs because of sex bvsinesses. In the spreadiag decay, muggers, dope pushe�s move in. It's harder co spot their Qimes in a general sea of rot. Police and coures tend to give up. Civili�adon living by rules moves out and we're ail victims. Better solutions may emerge, but for now che De�oic plan is the best in sight L.eave aside individual arrests for obscenity, which the law seems to have an unpossible time defining. Pass a zoning law allowing no sex-related establishment or service to exist within three blocks, say, of any other. Let none become the nucleus for a cancerous spread. In the summer of 1976, rhe dry of Deu•oit, Michigan introduced zoning laws designed to break up the concentrated azeas contain- ing sex-related "adult" businesses. The assumprion driving the dispersion of concena adult businesses was the presumed negarive "secondary effecis" of these businesses on the surround- ing neighborhood. Enthusiasm for the Detroit zoning approach quickly spread to other ciues. This diffusion of the Dea�oit zoning approach throughout the naaon over [he last 25 years has produced a continuing history of consdtuaonal litiga6on. Since 1976, the Supreme Court has decided a series of cases focusin� on whether_ rhe free_speech dause of the First Amendment allows cides and states to enact legislaaon con�olIing the loca[ion of adult businesses on the basis of presumed negative secondary effects. The Court's Presumption of Adverse Secondary Effects The rationale for the secondary effecrs doctrine was most completely ]aid ont in Renton u Playtime Theatres, Inc., in 1986_ In Rento-n, rhe Supreme Coun considered the validiry of a Renton municipal ordinance that prohibited any adul[ theater from locating within 1,000 feet of any residential zone, family dwelling, church, park, or s�xool. The Coart's analysis of the ordinance proceeded in three sreps. First, the Court found that the Renton ordinance did not ban adult theacers al[o�ether, but merely required that they be a certain distance from so-called "sensiave locations_" The ordinance, the Court said, was properly considered ''Adutt" or "adultoriented" or "sex-r.:lated" businecus rttay include pomography s�ores, massage padoa, and ropless or nude dance nightrlubs. In die present study, rhe adul[ bnsinesses studied are nighKlubs, also I:nown az"gendqnens dubs." � See, e.g., Ymsng v. American hfirmi Tivn[ru, Inc, 4?7 U.S. 50 (197G); City of Renlorz v. Playlime The¢lres Inc., 475 U.S. 41 (198G). i ' 1 u � � � - �;, , ` `r : �� T i�� Laztd� EZeu, P2nI & wllli3m5 �1 to be a time, place, and manner regularion. The Court nexc considered whether the ordinance was content neutral or content based. If the reguladon were content based, it would be considered presumptively invaIid and subject to the "strict sa standard. The Court held, however, rhat the ordinance was not aimed at the content of the films shown at adult theaters, but racher at the secondary effects of such theaters on the surrounding communiry, namely at crime rates, properry values, and the qualiry of the ary•'s neighborhoods. Given this finding, the Court stated that the ordinance would be upheld as long as the city of Renton showed that iu ordinance was desia ed to serve a substantial government interest such as a reducing crime rates or maintaining propercy values. Further, in Renton the Court stated, for the firs[ rime, that a aty interested in restricting the operation of adult businesses was not required to show adverse impact from operadon of adult rheaters in its own community if no data on adverse impaccs e�cisted, but could instead rely on findings of impacts from other ciaes as a raaonale for supporting passage of an ordinance. The Court ruled tha[ Renton could rely on the experiences of and studies produced by the nearby city of Seattle as evidence of a relaaonship between � adult uses and negative secondary effecu. Thus, the Court ruled that the First Amendment does not require a dry to conduct new studies or produce new evidence before enacting an ordinance, as long as the evidence relied upon is reasonably believed to be reYevanCto [tie problem ttie faces. - Since Renton, a number of ciaes, counties, and staces have undertaken investigadons designed to establish the presence of such secondary effects and their connecaon to adult facilities. These studies have, in turn, been shared with other muniapalities and generally serve as the basis for claims that adult entertainment establishments are causally related to harmful secondary side effecu, such as increased crime and decreases in property values. Many local governments have rel: ed on this body of information as evidence o£' [he secondary effects of adult businesses. Further, in most cases, cities and other govemmenral agenaes have used the findings of a core set of studies from other locales as a rationale for institufing regulaaon of such businesses in their own communiues. In more recent yeazs, che Courc has considered the constitu- tionaliry of anti-nudity ordinances passed by municipaliaes or states that have re6ed on negative secondary effecrs to justify the legislation. In a fractured decision issued in 1991, the Courc in Barnes u Glens Theatre Inc. held that [he state of Indiana could ' See e.g., Bam.es n Gk7u Theatm hu., 501 U.S. 560 (1991); Ciry of Evie u Pap's A.�Yf., 529 U.S. ?7 i (2000). • �; .� Q� �� '72 An-Fxamivalaoa of Adult Busiaesses and Crime - �. regulate public nudiry. Justice Souter in a concurring opinion � ruled that the governmenc could undertake such regulation on the basis of the presumed negadve secondary effecrs on the surrounding community. In the 2000 dedsion City of Erie v. Pdj�'s A.M., the Court again held that muniapalities have rhe right to pass anu-nudity ordinances on [he assumpaon rhat nudity is assoaated wi[h adverse secondary effects such as crime. Again, the Court was fractured; however, three jusdces agreed with Jusace O'Connor's opinion fliat in conformiry with Justice Souter's concurrence in B¢rnes, combao- ing negauve secondary effects assodated with adult businesses was a legitimate basis for the imposition of anti-nudity regulations. Most notable for our purposes, however, was Jusrice Souter's paztial concurrence and partial dissent in the P¢ps decision. He significandy revised [he position he took regarding the assumpaon of secondary effects in B¢rnes. In P¢�'s, Justice Souter said he was now of the opinion that the evidence oF a relauonship benveen adult businesses and negative secondary effecrs is at best incon- cfusive.' He called in[o question the reliabiliry oF past studies [hat purported to demonstrate these effecu and suggested that munidpalities wishina to ban nudity must show evidence of a relarionship between adult businesses and negadve effects. ` Most recendy (2002) Justice O'Gonnor, �oined by the Chief 1ustice, Justice Sralia anc3 Justice Thomas (with J usace Kennedy's concurrence) conduded that the city of Los Angeles may reason- - —,_,—_�—__-,.,.,� --__'.� ..—ae-.-:.x_-,..=.-..s.,..,.r....�.:.��--r,-.�,.: multiple-use establishments serves the city's interest in reduang crime_ In City of Los Angeles u Ala�neda Books, Inc., et al., the Court mainrained that it was "reasonable for Los �ngeles to suppose that a concentration of adult establishmenrs is correlated with high crime rates because a concentration of operations in one locale draws, for example, a grea[er concentration of adul[ consumers to the neighborhood, and a high densiry of such consumers either attracts or genera[es criminal accivity." Justice Kennedy, whose opinion may be the con[rolling one in the case, reiterated the assumption chat adult businesses cause negative secondary effetrs. In his opinion in A1a�neda he asseru, "munidpal govemmencs know that high concentrauons of adult busuiesses can damage the value and integriry of a neighborhood. The damage is measurable; it is ' Barnes v. Glens Theaire Inc., 56I U.S. 566 (1991} ([iereinafrer Bamrs)- s As will be discussed in depth betow, resaicdons on erouc dance kuve typitall}' induded requirirtg dancers co wear az leasc pasues and a Gstring when performing. � Ciry of Erie u Pa(�i AM.. 5Y9 U.S. 277 (2000) (hereinzfter Paf's). � ' Id. at G7 (Sourer, D. concumng in part disse�ana in part). `Id.at�n.3. � • • � � +: o "` _ "d o 6d Paal & WilliaIDS 73 all too real." The Court held that a munidpaliry may rely on any evidence that is reasonably believed to be relevant for demonstrat- ing a connection between speech and a substantiai> independent governuientinterest However, the pluraiiry added an important methodological caveat concerning the evidence necessary to validaCe the assumpaon [hat adult businesses cause secondary effects. The Court warned: "This is not to say chat a munidpality ran aec away with shoddy data or reasoning. The munidpality's e�Rdence musc fairly support its rationale For ics ordinance. IF plaintiffs fail to cast dirett doubt on this rationale, either by demonsuaung that the municipalit}'s evidence does no� support its rationate or by furnishing e�idence that disputes the muniapalit��'s factual findings, �he municipality meets the Rendare srandard. If plaintiffs succeed in casang doubc on a municipaliry's mtionale in either manner, the burden sl�ifcs back [o the muniapality to supplement d�e record with evidence renewing support for a cheory tha_ justifies its ordinance." Empirically'I'esting the Assumption of Secondary Effects from Adult Busnnesses Justice Souter, joined by Justice Ginsburg, Justice Breyer, and Jusdce Stevens, took the admonishmen[ by the plurality in Ala�neda that munic�alities cannot rely on methodologically frail demon- strations of secondary effects a step further Jusdce Souter faulted the city of Los Angeles because the dry did not demonstrate tha[ irs theory that regulation requiring adult establishments disburse and be operated as free standing businesses will reduce crime. Jusace Souter asked the city to demonstrate, noc merely by appeal to common sense but aJso witlz emfriric¢l d¢ta, that adult businesses are assodated with a�ime and that its ordinance wili successfully lower crime. In fact, Justice Souter daims that the only way to avoid a zoning ordinance such as that passed in Los Angeles from being unconstitu[ional due to the lack of content neutra]ity, a requirement set out in Renton, is to conduct empirical e��aluations of whether such effects, assumed in [he past, actually exis� He notes in Alameda: "(the) risk of viewpoint disaiminadon is subject ro a relahvely simple safeguard, howerer. If combaring secondary effects of propertp decaluation and cri�ne is truly [he reason for reguladon, i[ is possible to show by empirical evidence rhat che effecu exis�, thac chey are caused by the expressive acrivit}= subject to zoning, and that the zoning can be espected either to amelionte them or to enhance the capadcy of the go��emment to combat them ..." F. � � J � k' 2 o r�- �0 ,, ; 74 An=F of Adutt Businesses aad Crime '�'he Present Study The first purpose of the present study is to conduct the type of empirical study demanded by Jusrice Souter and noted to be relevant by Justice O'Connor and the other jusaces in Pa�'s_ Also, it is designed to avoid the collection of "shoddy data" or che use of (shoddy} "reasoning" as demanded in rilameda Books, in order to determine if a relationship exists between adulc businesses and negative secondary effects, or whether, as Justice Souter has contended, such a relaaonship must not be assumed. Further, this evidence is obtained in accordance with established methodological procedures so as to insure a hiah level of saentific reliability. Past s[udies claim co have found crime but lack the essential methodological features necessary to validly make such a ctaim. Paul, Linz, and Shafer (2001) found numerous problems among the most frequendy ated studies by communities across the United States. For e�cample, the Indianapolis, Indiana study (1986) failed to properly mauh study and control areas on variables, the Phoenix, Arizona study (1979) relied on crime data collected for only a one-yeaz period, and in [he Los Angeles study (19'77) authors admitted that the police stepped up surveillance of adult businesses during the study period. Each of these merhodologiral problems severely limits the utility of these studies. ' As we noted above, the Coutt in AGmied¢ wamed tha[ a municipalicy cuinot gec away with shoddy data or reawning. 'Ihe municipaliry's e�idence must Eairly suppon its __ _ __ _ _�........il.._C....�...J.�.I:........e_daR...�_.....eh...1A�..:._.LC ...�e.._..G.._:.....�:� ..............a..e..e_r6n collcttion oE reliable data and sonnd reasoning mnceming secondary effects? Unform- nately, xhen muniapalities have conducted sadies of o-ime and advtt businesses in the paz4 �ere has not been a set of inethodotogical a-iteria or minimum tcientific standards co which the dues were required to adhere. Paul, Linz, and Shafer (2001) have axgued that, wirbout such srandards, mwt tiries that have passed Iegislation are relying on merhodologcall} flawed data and research. The basic requvemencs Eor the uaptance of scientific evidence fnr legal ded- sion making were prcunbed by che Suprem� C�utt in the 1993 case of Daube+i u Menell Dow, 509 U.S. 579 (1993). In Daubert, Jusuce Blackmun, writing Cor [he Courc, held rhat there am certain limits on the admissibility of sdenti6c evidence oEFered by "expert wimesses" in fedenl wuns. In an at[empt to precent the pmliferation m courtrooms oEwhat Pecer Huber tus cilled "junk xience" and what [he Supreme Cour[ is now mlling "shoddy data or reasoning;' the Supreme Coutt in D¢abert opined rhat sden�c l;nowledge must be grounded "in che methods and praedures oF sdente;' and must be based on more [han "subjecdve belief or unsupponed speculacion.° Thus, the Court said, "the requiremrnt that an eapert's testimony pertain to 'scien[ific knowledge' atablishes a standard of evidentiary reliability." The Coutt observed thaz "[]n a case ineolaing soenri6c evidence, evidenoary re6ability will be based upon saentific �2lidiry.•• Offering "some generel obxrvauons" as rn how this connection mv 6e made, the Coua provided a list of £ictoxs [hac federal judges muld mnsider in ruling on a proffer of exper[ saentific cestimony: (1) the "key question" is whether [he cheory or cechnique under xruciny is tesreble, borrowing Kar( PopPers norion of falsifiabiGty (Popper 1959); (2) al[hough publimuon was not an absolute essrntial, the Cour[ nowd rhat peer review and publinuon in¢eased "thc likdihood that subs�anrive flaws in mc�odolory will be de[ected"; (3) an error rate or esrimate of rhe probabiliry that empirical relaQOruhips are due w chance should be micula�ed; (}) adherrnce w professional standards in usina the � � • � � o�� y�, 7�3, F'nl �i_ Paul & S1rilliams 75 More recendy, Linz and Paul (2002) have undertaken an exami- nation of adult cabarets in the aty of Fort Wayne, Indiana that serve alcoholic beverages and ihat provide exoac entertain- ment wherein dancers are required to weaz pasaes and G-sa LJnlike previous studies conduded in other munidpalities, spedfic technique in quesuon; and (5) finally, thougb not rhe soie or even tt�e primary tesC general aaeptance could "have a bearing on dte inquiry:" In the prrsent stud,v, we speafidly wnsider the impaa of adul[ da�xe dubs on the occurrence of crima repotted w the pofice- We will limit our diuussion of acceptable scienfific procedures to those necessary co insure the proper implemenm[ion oC such a crime sady. Three aieeria are cruciat in insuring that a scien[ifidly valid smdy of semndary crime effetts haz beem m�dutted, as follows. Frs4 �n order ro insure accurace and fair compazisons, a convol area mus[ be selec[ed tf�ac is vuly ��equivalent° to the area mntaining [he adult dance entertainmen[ business(es) (d Ca�npbell & Scanleq 1963: S4; Babbie 1999: 240). Because most analyses of secondary effetts attempt co unco�•er increases in crime, pmfessional standarcis dictate chat the convol (non-aduk dancej sice must be mmparable (matched) wi[h the srudy (adult dance) sire on varia6les re1a[ed to crime. Of pazticular importance are tftat the study and control azeas are matthed for ethnicity' and sodocconomic sratus oFindividuals in both areas. A conccrted cffort should also bc madc w indude only comparison areas with similar real estate market charnuerisda such as proportion of mmmercial and indus[riaI spaze in either area. The study and control areaz should also be approximacely equal in mtal popularion. Fina�ly, be<ause of [he effett of businesses that serve alcohofic beverages on neighborhood demrioauon and aime (Roncek & Maier 1991), the study and control azeas should be matched on the presence of alcohol-servu�g esrablishments. The reasons for diese wncems are ducussed lacer in tl�is arcide. In snmmary, "quasicxperimental" sadies employ a tese group or area and a matched controt a oup o� area. The mos[ important mnsiderefion in such a design is whe[her the mmparison group or mntrol g�nup are well matthed. Second, a suffiaent period oI elapsed time Following the establishment oF an adult dance entereainment business is necessary ivhen mmpiling crime data in order to ensure rhar thcscud�c is-no�mecely..de[cttuig.an.emtit.pattem.oFsoaal.acueity..Gev.exally longer the time period for obzervntion of the evenrs under considerntion, che more stable (and more valid) the estimaces of the evrn['s cffttrs tend to be (d Singlemn, Strai[s. & Straia 1993:213-41). Third, rhe crime rtce must be measured actording co che ume valid source for all azeas considered (Cars�pbell & Sanley I968: 59). Studies of secondary effects typiczlly fotus on two genexal cypes of crtme in reVauon to adult dance rnrertainment businesses. These ewo types of aime aze "general aiminal aaivity" (induding, buc no[ limired to, robbery, �eCy zssault, disorderly conduc4 �d breaking and entering) and "crimes of a seaval nacure" (induding, but noc limired to, xape, pmsfiturion, child moles¢tion, and indecent public exposure). Ic is espeaally importan[ tha[ the measuremen[ of these crimu is based on the same informacion source for borh sites and [hroughout [he entire study period. For e.�cample, iE rhe scudy area meuures crime by the numUer and type of mlls made w the police deputmen4 �he.compa�son area muse also rely on such a measum when the two areas are compared. Sn addiUOn, [he cri:ne informauon source mus[ 6e fattually valid and reliable, sudi as a daily log kept by police, or a compilavon of the number oE mlls for sen�ice made in a municipality recorded by screec address or similar geogrzphical laa[ors. My change in poli<e sur��ance techniques reaarding adult dance entettainmene businesses in a particular community muse ako be noted. Obviously, increased survei]Iance of an az•ea simply because an adult dance clvb is located there will have an impact on the amount of mme detecced by [he poGce. If inaeased police surveiliance and the presence of an adult dance dub in a pa�vcular azea are mnfounded in [his xzy, ic is impossible �o tell whedier crime has increased due ro the presence of [f�e club or simply berause of the increased police acuvity. Finally, an error ra[e mus[ be mlcula[ed 2he error rate is the degree of �h�nce a scientise will allow- In �he sotial sdenas, it is convenuonal to se[ the error ate ae 5% or tess (i.e., we will tolerate aa error mte tiiac says thac up w 6 ames out of 100 the results may he obrained by chance). • � ;� �. ,�i o � � � 76 an of Adnit Busiaesses and Crime u atcendon was given to developing an empirical approach that � fulfiiled the requiremencs set out by the Supreme Court for the `- proper conduct of a sodal sciendfic inquiry. A 1000-foot dreum- ference scurounding each of eight exodc dance nighcclubs in Fort Wayne was established. Comparison areas were selected in Fort Wayne and matched to the club azeas on the basis of demographic Features assoaated with crime and commercial properry composi- tion. The number of calls [o the police from 1997 to 2000 in the areas surrounding the exotic dance nightciubs was compared to the number of calls found in the matched comparison azeas_ The analysis showed litde difference, overall, between [he total number of calls to the police reported in the areas mnraining the exodc dance nightclubs and che total number of offenses reported in the comparison areas_ The present study is also informed by two related bodies of chought about crime and place, social disorgani�ation rheory, and routine acaviry/crime opportunity theory. The second purpose of this study is to examine the impact of adulc businesses in a local communiry in light of these perspecdves. These approaches point to variables that predict the frequency and locauon of criminal activiry in a community. This set of ideas is also especially relevant here, first, because they are rhe impliat theories employed by munidpalities addressing the problem of adverse secondary effects, second, because they sugges[ a number oF o[her variables, predictive of aime events, thac must be considered as control __ --- -- ---- variab esY in any stu�y of the impa�c of a�uTfbusiuesses on cnme, `--- — and finally, because these variables have been successful as predictors of crime evenu. Routine AcaviaeslCrime Opportunity Theory While perhaps not the ideal forum for the examination of criminological theory, invesrigating the secondary effecrs of adult bars as a sdmulus for crime addresses a current and pressing legal policy issue. City planners and other representatives of loral governmental bodies have expliady clauned that adult businesses aze associated winc �rime and disorder and have theorized that the presence of an adult business i� a localized area inaeases the concurrence of o$enders mouvated to commit crimes [ogether with suirable targeu for the crimes. In Phoenix, for example, the city adopted a zoning ordinance whose rescriction of adult business to within 500 or 1000 feec of sensitire land uses such as churches, schools, and daycare centers is predicated on the idea that the presence of adulc husinesses attracts persons who will engage in a The Phcenix ordinance was based on the theory that there are direct impacrs that uniquely � • � ��'�.Q� T'=,'- Land Eull, Paul-Sc w117iaID5 �� relate to this dass of land use_ In fact, the dty planners in Phcenix „ asked: "are the crime impacts ... direcfly related to the adult businesses being rhere, or [o some other sodetal variables in the neighborhood?" Realizing that these other sodetai variables need to be coaa�olled for, rhe Phoenix planners undertook an empirical scudy in which rhey considered adult land uses and negarive secondary effects in light of other variables related to crune such as number of residents, median fauiily income, percenrage of non- white population, percenrage of dweilina units built since 1950, and percensage of acreage used residentially and non-residentially (Planning Department of Phoenix 1979: 4). More formal expressions of how certain societal Fac[ors that may be related to the commission of crime have come from criminologiscs propounding routine activities/crime opportumry theory (Cohen & Felson 1979; Cohen, Kluegel, & Land 1931). This approach begins by noang that, in order for a predatory crime (e.g., robbery) to occur, there must be a concurrence in space and dme of (1) a motivated offender, (2) a suitable target, and (3) an absence of a guardian that is capable of preventing the crime. This theory then focuses on how changes in the ame and space of how peopie order their lives can change the opportuniry structure for crime and thus affect crime rates and rates of criminal victim'ua- don—even in the absence of an increase in the structural or psychologicat factors that produce increases in [he number of motivated offenders. _ - ---- — — — Rau�esxe az`t�vttie�/crimz oPPoYmnity - h - as -- been - quite - -- successful in empirical tests (see, e.g.> Miethe & Meier 1994). This theory also has been used to guide research by criminologisu on so-called hot spou or locafions in urban areas that attract large numbers of crime incidencs (see, f.g., Roncek & Maier 1991; Smith, Frazee, & Davison 2000). Reseazchers have found that perpeuators of street crime such as robbery commit their crimes proximate to where they live, on face blocks with which they are famiGar or which they traverse in their routine activides. THis approach suggesu a number of variab[es chat must be considered in any uivesti�ation of the relationship of crime evenrs to adult businesses in a community. It is necessary to control for populaaon size, because, all else being equal, blocks c��ith many people may have more potential crime victims chan do £ace blocks with few people. Somewhat surprisingly, however, rhe populaflon control variable is often found to be negadve]y assodated wich the number of crimes such as street robberies, suggesting that robbeis tend to target vic[ims where fewer people reside, and perhaps where fewer wi[nesses are likely. In addidon, it is necessary to control for neighborhood business and housing characceristics such as multiple apartments, or even • � � ° q � �.0 � �" � �g � F,r>,+.;,,aaon o# Adnit Busiaesses and Crime muldple bmild'uigs at a given address under the assumpuon that, all else being equal, the more places, the more likely a robbery virrim;�aaon will occur on a face biock. Higher IeveLs of crime tend to plague places with certain types of fadliues and not others. In some cases, for eacample, crimes seem to be elevated by a target-rich environment—for example, thefrs of 24-hour convenience swres, auto thefrs from large parking lots, or robberies from shoppers in heavily frequented commerdal areas (Engsrad 1975; Duffala 1976). The presence of bars, restaurants, and gas stations identifres blocks that miaht be paracularly ataacdve for potential offenders because of easy accessibility and the presence of people carrying �sh, ofren under the influence of alcohol (Roncek & Maier 1991; Sherman e[ al. 1989; Stark 198'7). The number of other commercial places, such as business offices, indusu�iat buiidings, and warehouse 6dlities on a block is also important in predicting crime events. Specific land uses are not onl} important in themselves but also operate fin inteiacdon Fvith variables indicarive of sodal disoraani- zadon in determuung the risk of crime. Uariables c[iat have been invesagated and been found to be most important as predictors of crime activity indude measures of radal composidon (number of African Americans and racial heterogeneiry), family sa (as measured by number of single-parent househoids), economic composirion (as measured by family income), and the presence of motivated offenders induding males between che ages of 18 and 25 (Miethe & McDowall 1993). These soaal disorganizaaon variables — have - been - exam; ,, �� - on the basis xssumpri6nZha�a local -- - area's populadon age strucnire (especially the presence of young adulrs} and its race/ethnic composition can affecc boch the sue of rhe pool of modvated crime offenders and [he presence of suitable tatgets for predatory crimes (see, e.g., Mierhe & Meier 1994). Similarly, the socioeconomic status of individuals in a local area can affect boch the prevalence of motiva�ed offenders and crime tazgets. For exampie, Cohen, Gorr, and 011igschlaeger (1993) found that crime hot spou tended to be in areas with higher [evels of povercy or low income, and were likewise assocaated with low family cohesion—an indication of the prevalence of both morivated offenders and crime targets. Besearch Question Once variables known co be related to crime events suggested by social diso aanizadon and routine acdviaes theories have been taken into account we may ask: dces the presence of an adult business in a locaIized area increase the concurrence ia space and time of offenders moavated co commit crimes together :vith suitable targets for the crimes in the absence of guardians capable of prevenung or deterring the crimes? r� u � • � � �;—,'- Lana, Ezeu, Paui so wn;a,..< , 79 � �m�� The site for the present study was Chazlotte, �torrh Carolina. For each adulf topless dance dub in rhat communiry, a control site (mauhed on the basis of demographic characteristics related to crime risk) is compared for crime evenu over the period of three years (1998-2000) using data on crime inddencs reported to the police. This research is desi�ned w address the questions of whether and to what extent the adult dance clubs conttibute to community disorder—that is, increased crime in neighbor- hoods—compared to their conuol neighborhoods that do not have adul[ dance clubs. Data and Methods Fstablishiag Matched �omparison Locations Twenry topless adult nightclubs in Charlotte, North Carolina aze the focal points of the present study. It was not possible to randomly assign unics of analysis to an experimental group and a control group to perform a"true" experiment to tesc the hypothesis that aduit nightclubs in Charlotte engender negaave effects. Instead, a"quasi-experiment" was conducted in which matched "control" azeas were found and compared to "test" azeas containing the adult business. In order to insure accurate and fair comparisons, a control area must be selecced that is as "equivalent" as possible to the area containing the adult entertainment lsusiriess(�sr _-- - - _.. ------ -_. The main hypothesis co be tested in the present study is that the presence of an adult ni�htclub increases the number of crime inddents reported in localized areas surrounding the dub as compared to the number of crime inadents reported in compar- able localized areas rhat do not contain an adult nighulub. In order to test this hypothesis, suitable control (non-adult nightclub) sites must be chosen that are comparable (matched) to the test (adult nightclub) sites on key demographic and other variables that are generally regarded as being related co the incidence of crime. In order to insure that the research reported here utilized ap- propriately "matched" adult nightdub (test) and non-club (control) areas, a a-ime-mapping approach was utilized. Two radii-500 feet and 1,000 feet—were used to identify dreular perimeters surrounding each of 24 adult nightclubs in Gharlotte. These distances were chosen because they represent the dry's presump- aons about negaave secondary effeccs. The Charloue aty code, as is the case for hundreds of munidpalities across the United States, mandates that adult establishmenu be no closer than 1000 feet from churches, schools, daycare centers, and other sensidve land uses_ Other dties such as New York spedfy distances of 500 feeG • � �� ,� 80 An E"x�adon of Adnit Busiaesses and Crime n � Comparison areas or control sites (census block gcoups) of physical size roughly comparable to the areas containing the adulc nighulubs, each with 500 and 1000 feet in radius, were seIected that macched the adult nightclub azeas on the basis of several of the variables known co be related to the risk of crime vicri*n»arion (on the basis of social disorganizarion and routine activiries theory as re�riewed above) and by further informally attempting to equate areas on the basis of commerdal properry compositeon. Addirional variables were also taken into consideration in order to rule out alternative explanaaons but were not formally considered for matching purpases. T'he following variables were used for the selecaon of control sites: total populaaon size (1997), percentage of households that are female headed, percentage of the popularion chat is African- American, percentage oE the population aged 18-29, percentage of the adult populadon that is di��orced, and median household income. Each of these variables was identified a[ the U_S. Census block group level. Properly "macching" [he subjed and conu areas is critical in order to insure that the results we obtain can be ascribed co the presence or absence of (in this case) an adult nightclub, and noc to some other irrelevant factor. In addiaon, aithough not formally macched on these variables � beforehand, measuremenrs µere taken of ttaffic pauerns and number of businesses and commercial properties in the areas immediately surrounding the adult and cona�ol sites. Traffic -------- --�atterus—maq—be—impoxtanc—co--coasider—because-ehey--are—an ------ indication of the number of people moving through an area both suitable as targers and as perpe�ators of aime_ Business composi- rion is important because of the effect of che number of businesses on crime opportunity and nei�hborhood deteriorauon. These variables, while technically measured, are no[ included in the formal model testing. "They will be e�camined co determine simply whe[her they covary with crime pacterns. If it is found that they correspond to the paaern of crime in a pazticular area, we may have some indicadon that these features of the environment may be reasonabte explanaaons for che findings sve obtain. The geo�raphic informadon system computer program Map- ritude (1999) was used to locate the census block group xn[hin which each dub was located. For each census block group, a Maptitude data set provides counts for most of the demoaraphic variables measured by the 1990 U.S. Census. In addiaon, 1997 supplemenu are pro�rided for most variables. The values of each of the variables of interest were identified for the census block within 10 The figures shox•ina che names and locaoons oFbusiness composition aze availa6le from the aufiors. • � �, � � �; i � �,��,��&� 8� which the adult nightdub was located. When the 1000-foot area surrounding a dub locaaon touched more than one census block, the average value £or each oF the relevant demographic variables was calculated across the blocks that overlapped with the dub perimeters. A comparable azea, matched for values on rhe aiuie- related var'sables, was chen selected via Mapdmde. All cona areas Fvere selected before che crune data were obtained and thus before any anaiysis of the azme data was undertaken. Finally it should be noted that tcvo variables often associated with social disorganization and routine activity theory, social dass and residenrial mobility, are not available in census block data> and thus they cannot be included in the analysis. To the excent that social disorganization variables included in the model correlate �+�ith these unavailable variables, the consequences for our conclusions may be minor. Table 1 displays a comparison of the vahies for each of the demographic characterisacs measured at the census block level both for the adult nightdub locauons and the mntrol sites to which they were mauhed. Table 1 contains a column for the population size variable, four columns for th�� four percentage variables, and a final column £or the median househoid income variable. Rows for [he 20 adult nightclub sites are ordered alphabetically from top to bottom in Table 1, with rows for the three control sites ordered alphabetically at the bottom of the table. For each of the demographic and income �rariables in [he table, it can be seen that there is a substanda! amount of variabiliry among the club and — ` ------- ----------------------- --------- - - - - - - - con r�oT si e� -- To determine which control site co match with which adult ni�htclub iocation, [he frequency disu of each of the six demographic variables given in Table 1 were divided in[o five equally distributed levels (quintiles). For each demographic variable, each of the quintiles was assigned a numerical value that could range from 1 to 5, where 1 indicates that level of the demographic variable that is least likely to be assodated with the occurrence o£ crime events and 5 being equal to the value that is most likely co be related co crime risk. For ali but one of the demographic variables in Table 1, this resulced in the assignment of high code numbers for variables thac had high values and low code numbers for variables that had low values. The only excepaon was median household income, for which research suggesu that higher levels of household income *roill be assoaated with lower a�ime risk. Table 2A contains the reruldng codes for each of the demographic variables for each of the adult nightdubs and control sites. The right-most column of [he table gives the combined means of the quintile codes-ranked from highest (4.0) to lo�+�est (1.67)-where a higher mean quintite code indica[es a location with a higher crime risk and a lower mean code indicates a location • ('`{ � "° 3 �^ id+' � � �r 82 Aa Examiaation of Adnit Bnsiaesses and Crime � � O c� O U � � � � U v c a 0 < � � c. 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Ci m m °o' R= o_V a ay= „yaa � ,�-` `m c� W o s'� g o"� ¢ — ro o� � v�F_ ' o o �:Ja � c y � °rxcUEa`�ir.>U.-70 .��✓'yvqcUO� �U �m 4 ' 3 meVa L �`Sy E�V� ��C v�TO CG� �UQ � 3 ��L.�GGn4ny�GG.qR�_. , p,�L (-e U mUU��c�—',.`�_i�`owac.c `F'FF�>wx� � � • � � f 'r � F+rli, Panl & T�1''�i3�� 83 � a � � � G O U b C L N U � C � � ¢ � N .� J .0 N � � ca W d O h v .� .� � � � � �L C ( C O m � omrnoc�mmrc-n000mcnc�oomc�rr a � om�o.nmmen..-�.•000mm�?.n�nn�c?'? E U I v�CO�CnCO<��Rf:nTR'iLbP9ChGYNNNCIN� U�% � V O'� a O 'q U � � !'4'uf�pr?.�EYCHCnLVe']!'e'I4VNe '} 7N�.Cf 7CfIMY�LI7tff-�CVCCO�CrN�4VNCV I x�mmci+n...cu�vcv»sr+ncv.-•.nmcac�m........ i v� 0 � vfC�shvwvCmcv�mm.n�wm..wL��.�-�+ � Cd'HHCn 7cryNNCnT.....�yul�.^TCl�NGVCV.y ov '� o �J WEfNC�.+7PGVLV[n�[]hN4V�.V.y.�CCnc7C 6 � 0. h J O c C N z G � � � � v u � y U m t� R O t R j.[) G O. ��, �ay �mG o�� a�-iVVQ U v v` Uv_!^ i0 vp � �EU c_�mi:c�EC�?w" d��x Ur=. U C V � V � O �a �? a - 3 U = V o n � 3 y ; A - m c o y � O v N 'd � ' v � i C K � ri O y �� a2 .. ^ � p v C u O c w � v v v m � qE� > � � ° �4 3 o � � c V �' N .-�. t O ° � ^ .. � a a '$ = �g o ., . m v L T 4 Lp 1 ' p = > t � E,= n � � F' m 3 a v ° u E `c c � � y � � � j o o`,z ' ` ; o .c V B T. m t�ii rd R 9 h L � hO v ' � t V � N'G � va � L > 9 .� < � "� L '' 1' 3 � .. O u '3 °' m V 'O s C > °' 'G 4 �J + V O o � O C � = ' a o �— . = "= 3 L O � � O � � °3 v c � y o � s m �c u >:c:: �q.5's "t-o �> A � L ?'u t � :'i � d � � � C � ; � _. 'r� m E „s v _ ., ° `o n v ° > v y : v =�5 3- • �� .�; .� , �. ; ,� , 'E;� `�' 86 An:Fx�tioa of Adnit Bnsinesses and Crime Table 2C. Counu of Number of Businesses at ConQOI and Test Sites Within a I,000-Foot Radius Number of SusinessW Cocnmer�l ProDerties Rehevely I-&gh-Caime Risk Locations Ctub Champae e 21 Fancy Cac � Gcndemen's C[ub `�9 Jus[ Benuse Sports 1S Player s Club 11 l�fen s Club 61 Temprauons ?1 Average 31 Control Site M<Donald's 57 Medium Relaave Crime Risk Lon6ons Twin Peeks 50 Crazy Horse 4S Tadedes '�� VIP ShowgirLs 37 Office Lounge 8� Plaunum Club 2000 81 Averege 5 � Convol S'ue � 9 Iienmdq• Fried Chicken Retauvely Low Crime Risk Locauons Polo Club � Baby Dolk � Paper poll Lounge `-� Diamond Club 6� L.earher'n Iace S � Lcacher'n Iace N 34 Upmwn Cabarec . 31_. ve� _ _. . . 46 Conurol Sire $9 Encon There are no formal measurements of the accuracy with h=hich the officers in the Mecklenburg Police Department or the dispatchers of the Compnter Aided Dispatch (CAD) system lcrate a crime event. The dispatcher is at the mercy of the caller who relates an address. The police depaitment does no[ keep an account of [he discrepancy between the original address reported to the dispa[cher and the address noted in any subsequent police report. For crimes such as rape, robbery, and assault, the address of the actual offense may not be the address of the dispatch. vctims of these crimes someames go to other locadons and call for service. The discrepancy between call address and actual address of the crime event may therefore be sizable, approximately 10%-20%, according to the Charloae assistant Qime analyst. But, these inaccuracies only occur for these crimes. The address of the crime location and the call locaaon are highly consistent between the �J � C � � �� / T in ��. Land, Ezell, Paul & Williams 87 • GAD and the locadon of [he crime for property crimes and serious assaults resulting in incapaatation and murder. The database used for the Fresent study contains only tnose ¢ime inddents derived from the CAD database for which the police completed a report This consdtutes approximately 25%30% of the enure CAD database. The accuracy of addresses listed in the report data file is not checked against the CAD, nor is it checked against a map of the dty (although a procedure for verifying addresses has recendy been implemented by the department}. Accuracy is esdmated by the crime anaIyst to be in the 94%-95% range. For purposes of the present study, the authors grouped the reported aime incidents into six cacegories, ordered from the mosc to che least indusive, as follows: total crimes (i.e., the tocal of all crime categories listed below), total Uniform Grime Reports (UCR) Index Crimes (ie_, the total of the UCR Violent and Properry Crimes identified below), total Uniform Crime Reports Violent Crime Tndex Crimes (murder, rape, aggravated assault, and robbery), total Uniform Crime Reports Property Crime Index Crimes (bur�lary, larceny/theft, motor vehicle theft, and arson), sex crimes (the aime reports dara had counu Iisted only as "sex offenses" to which were added rape/attempted rape counrs, to define this variable), and all other crimes (minor incidents such as disorderly conduct, hit and run, non-aggravated assault, embezzlement, and forgery). Counts of the number of incidenu reported in each of these six categories for each of the three yeazs of che study for each of the 23 adult nightclub-and conuol sites For each perimeter consdtu[e che dependent variables co be studied. Statistical Model In addidon to overall estimates of inean numbers of crime incidents surrounding the adult nightdub and convol sites, we conducted a panel regression analysis of the data. For this, '� The dependent veriable is a posirively skewed count variable. Therefore, we rxperimented widi [he estimauon oF either a Poisson or negarive binomia] regression model thac more accuately accouna for sudi a dependent variable, using spe�mtions identical m the O1.S regression modek presented in [he arride. However, due to the 6mitetl number of dubs(conerols and [he relauvely large number of parameceis in comparison (especially the clubspccific fixedtfEeca thac wtte induded to a¢ovnt for unobserved heterogrneity ac the dub/rteighborhood level), we routinely encouncered mnvecgence problems and were not able to reliably and robustly esomate these models. This was enurely ezpecred by us gi��en chat the Poisson and binomial modek are nonlicear models thac are estimated via mazimum likelihood methods. The maxixnum likelihood esumauon (A1LE) me[hod requires, for conve oence, a relarively we11-defrned Gkelihood surface. If we had a¢ess to eicher more years of crime data or more dubs/controk, these models would have been more feasible and more appropriate, as a la eer number of observauons would bring asympwti6 into ptay more definitely and stabilize the likelihood suiface. Therefore, we <hose [o work with the OLS escimams, which were statistically sable aod substancively inrerpretable. • . �t`z'. � w,`��; �, ��, y 88 � An Ez.�Ron of Adntt Busmesses and G�ime regression model is= we use fixed-effects or least-squares dummy-variable rea es- sion models (see, e.g., Hannan & Young 1977; Hsiao 198&) to analyze the Charlot[e aime evenrs data arranged in a pooled ame-series cross-section with site (club or control)-yeazs as units of analysis. Effects are fixed for years and sites. Site-fixed- effect models eliminate bias czeated by the failure to indude con�ols for unmeasured characterisdcs of the sites that have addidve effects_'I'hus, fixed-effects models cona�ol for unmeasured characterisdcs of the sites that may affect the inddence of crime events at or near the adulc nightdub and control sites_ The � = NO+Eit� where (1) �e = �h + v� + mu In this model, the regression parameter � denotes an overall consrant term for the model, which corresponds to the overall average number of crixne inddenrs of a given cype across atl sites and yeazs. This o�erall average number of crime incidents is adjusted up or down for each site i and qear t by the overall error term �_ The overai[ error term � is composed of a cross-secdonal (site) componen[ u plus a year component v� plus a purely random compo�e�t-zu -T-�ie-addiaee-er-ror-term-effeets-of che-sites ----- esdmated relative to a base nightdub that consistendy has Iow numbers of crime incidenrs (Fancy Cat), so that most site-specific effects for most crime categories will be positive. Overall yeaz effeccs on the numbers of reported crime inddenrs also are estimated for 1999 and 2000, with the year 1998 talcen as the base year. For all models, we used a heteroskedasacity-consistent covar- iance matri�c to estimate the standard errors of che regression coeffiaenrs. This method of calculatin� the srandard enors, ofren referred to in rhe statisacal &terature as the HC3 estimator, is a robust esfimator similar to the one derived by White (1980), but adding a finite sazaple correction term to relax the asymptouc requiremenu of White's original Formnladon (Davidson & McKin- non 1993; Long & Eivin 2000; McKinnon & White 1985). The finite sample correcaon term produces a more conservauve estimate of the variance of the parameter estimates by adding an adjustment term that accounu for the small sample size (Long & Ervin 2000). The HC3 estimator is an appro�cimadon of the jackknife variance estimator {Long & Ervin 2000; McKinnon & White 1985)_ � LJ • • n U Land, Ezetl, Panl & Wffiiams 89 Results Table 3 reports overall results on mean numbers of crime inddenu reponed to the Charfoae Police Department for local azeas (both 500- and 1,000-foot radii) surrounding both the 20 adult nigh[rlubs and the three control sites. The rable includes the means for each of the three years 1998, 1999, and 2000, as well as for all three years combined. Means are given for each of th=_ six categories of crime described earuer. For the adult nightclubs, two estimates of the means are given. This is due to the fact that one of the clubs, Baby Dolls, had no reported crimes within 1,000 feet during any of the three years. Therefore, in order to provide an estimate of che mean crimes reported that is not distoned by including a club in the denominators that did not contribute to the inddenu in rhe numerators, two seu of inean esdmates are reported—one thac includes Baby Dolls and one that dces not. Several results in Table 3 merit comment. First, consider the overall means for our most comprehensive measure of crime incidents—the Total Crimes rows of Table 3. For this crime category, the mean number of incidents for all three yeazs combined in che adult nighcclub locadons is between 5910 and • 62% of those reported for the control sites for the 500-foot perimeters and between 45% and 47% of those reported for the control si[es for the 1,000-fooc perimeters. Roughly similar bounds characterize the means for the com6ined years Eor all of the other cr-ime-categories in the table: Thus; with respea°to all six categories– - of crime inddents under invesagadon, it is evident that the overall mean numbers of aime incidents for all chree years combined are somewhat less in the areas surrounding the adult nightclubs than in the areas surrounding the control sites. Nexc, consider the year-speafic means of crime inddenu reported in Tabte 3. For both the 500- and I,000-foot perinneters and four of the crime categories in the table, namely Toral Crimes, Total UCR Crimes, UCR Property Crunes, and Other Crimes, there is an evident difference hetween the adult nightclub and �� Remll tf�a[ the three control si[es were chosen w1e1y pn die basis of demographic chardcteris¢¢ of thev surrounding neighborhoods that reseazch moava[ed by a oppottunity/rourine activities theory has found m be assoda[ed rri[h oime risk On this basis, we identified the MeDonald's convol site u a"high-aime risK' control site, the KFC site as a"medium-crime risk" site, and the EYxon stadon as a"low-aime risk" sire. These d�aacterizatiou of [he relaave ¢ime risk po[ential of the sites are, in facr, torrobore[ed by che data on crimes mpoaed ro rhe Charlotte Police Depamnenc, as reported in Tah[e 3. For instance, for Total UCR Crimes, the avernge numbers oE crime inoden¢ repor[ed aaoss die three years rvi[hin the 500-fooc (I,000-foot) perimeters are 86.33 (?9i.67) az the �IcDonald's site, 69 (156.38) at the RFC site, and 24 (56) at the Eaxon site. The orderings of the thme si[u by numbers of ¢ime inadena repor[ed for a11 of the ocher crime categories studied in tl�is ardde are simlar. • � , �'': �� _ � 90 An F�++�;*.�aon of AdnYt Busiaesses and Crime Table3. Mean Number ofCrimes Reported to [he Police by Crime Type and Radius 500.Foo[ Radius t,00aFoo� �ac� Clubs Clubs Crime Type Year w/o B.D,' w/ B.D. Convois w/o B.D. w/ B.D. Convok 'I'oml Crimes !99& 62.6 595 124A 1302 12�.� 297.3 1999 67.7 64.3 LO1.0 184.5 [27.$ 252.3 2000 60.9 57.9 84.0 1?1.5 515.4 287.3 eVl 63.7 60b 103.0 128.� 122.3 272.3 "Coml UCR Crimes 1995 382 1999 44.4 2000 38.8 NI 40.5 UCR V'iolent Comes 1998 7.0 1999 7.0 2000 62 AI1 G.7 UCR Propeay Crimes 1998 312 1999 37.4 2000 32.6 All 33.8 36.5 422 36.9 38.4 6.7 6.6 5.9 6.4 29.i 35.6 31.0 32_1 Sex Crimes 1998 0.53 0.50 1999 0.32 0.80 4000 026 (�.45 AII 0.37 0.95 65.7 63.� 503 59.8 17.7 19.0 10.7 15.8 48.0 44.3 39.7 44.0 0.33 0.33 0.67 0.44 78.5 84.1 73.9 79.0 12_0 I3.4 11.2 122 665 71.3 62.7 66.8 1.05 0.79 0.63 o.ss 74.6 805 702 75.1 L 1.4 12.8 10.� L1.6 632 67.� 59.6 63.5 1.00 0.75 0.60 0.78 177.0 18t.> 143.8 !69_0 S4.? 36.7 26.0 3?.4 142.5 145.0 I223 136.6 1.00 0.33 8.67 1.67 O[her Crimes I998 242 28.0 583 512 48.'7 119.7 1999 23.? P2.0 3�3 �49.3 46.9 100.3 2000 22.0 20.4 33.3 47.1 44.8 8T.3 _ ___._ _ __-____ _ ____- -- 23. - 1 _ - 220 -- �'5.0 - 492_.. .�� _�_ _.__. -_ "Ihis mean ezduda the dub Baby Dolls, which itad no ttported vimrs wit}tin I,000 feet during chc yean 1995. 1999. and 2000. ° ilus mcen indudes the dub Baby Dolk (i.e., fie denomioator a inaeued by 8)_ con[rol si[es. That is, the trend in the means aa�oss the [hree years for the control sites for all of these crime categories is down, whereas there is litde, if any, trend across the years For the adult nightclub sites. It is as if the levels of crime incidenu in the conaol site areas are dedining coward the already lower levels near the dub sites. Even so, however, for all four cateaories, the mean neunbers of crime incidenu reported in the last year availab2e, the year 2000, in the nightdub azeas remain below those in the control areas. This is espeoally true when the perimeter around these locadons is expanded to I,000 feet, which, of course, permits the inctusion in the crime counts of inadenrs further removed from the dub and rnna site premises. For two other crime categories in Table 3, UCR VioIenc Crimes �nd Sex Crimes, the trends across the chree years are more muced for both the clu6 and the control sites. This is due, in part, to the fact that [he numbers oF these u • • r - F-, � Linz, Land, Ezeil, Paul &�};�m= 91 crimes aze lower, so that even a slight ina�ease in inddents can be influential in the computation of the means. For a more prease statistical analysis of the crime evenrs data, the regression model desaibed above in Equation i was estimated. Table 4 repores parameter estimaces and summary staasacs for the full version of rhis regression model wherein the dependent variable u the Total UCR Crimes reported in the 500- and 1,000- foot perimeters of the adult nightclub and control sites.i� This model takes the number of crime events reported for 1998 as [he omitted year and the number of events reported for the Fancy Cat Club as the omitted adult nigh[club site. The coefficiencs of determinaaon (R-squared) reported in Table 4 show that the fixed- effects regression models succee.i in explaining over 90% ot the variance in numbers of Total UCR Crimes reported in the two perimeters. It can be seen from Table 4 that the partial re�ression coefTiciencs estimated for the year 1999 are 4.78 and 5.74 for events reported within a 500-Eoot and 1,000-foot radius of [he dubs and cona�ol sztes, respecavely. This means that, on average, about five more crime evenrs were reported within 500 feet of all locadons in 1999 than in 1998 and about six more within the 1,000- � foot radius. By comparison, in the year 2000, the regression coeffidents indicate a decrease of one to [wo crime evenrs from that in 1998 within 500 fee[ and seven to eight within I,000 feet of all locaaons. However, none of these year-specific regression coeffi- denu .has an_ associated p-value-less-than the :05-level of statistical significance, tha[ is, statistically significant from zero. Therefore, it can be inferred that these year-to-year variauons from the 1998 base year are sufficlendy small that they are stausacally mean- ingless, Exa.,,i„ing next the esamated paztial regression coeffidents for the adult nightclub and control sites in Group 1, secall that these are in reladvely high-crime risk locaaons. A key comparison is the size of the coefficient estimated for the conaol site for this group, a McDonald's fast food restaurant, with the coeffiaents for the club sites in this group. Ic can be seen that the estimated ccefficients for 1° Full regression models were utimated fpr both the 500- and I,000-Eoot perimeters and all sic of the mtegories of crime inadenrs identified earlier in [he teat 41'e exhibic the regression modei Cor Total L3CR Crmses in Tab1e 4, as [Itis mcegory consis6 of the mosc serious crimu reported to rhe police. 14 Fanq• Cat was chosen as the omitted site, because it has relatively low numbers of came evmts within the defined areas. This means that che cegression <ceffioents estunated Eor the other dub and control sites will be positive coeEfirients, thus indiaong che increace in crime e�•en¢ expetted for their defined areas relative to those for Fancy Cat Similarly, [he year 1995 was chosen u che omi[ted year pcegory so rlta[ [he avernge number of crime even6 across all sites reported for 1999 and 2000 mn be inurpreted as [he averrge inQease or decreue e�cpetted in �ose years relarive eo 1998. ` J n ?} g2 An F.Y�m;napon of Adult Bnsinesses and Crime Table4. Paramecer Esdmacrs fram Fised-Effecrs Dummy Variable ltegression Model of Tocal UCR Crimes 500-Fooc Radivs 1,000-Fooc Radius Rohuc. Robust Uariable b-Cceff. HC3 S.E p Yalve bCceff. HC3 S.E p Value Year 1999 4-78 4.61 0305 5.74 6.07 0.350 Year 2000 - I.52 4.72 0.749 - 7.52 6.41 0247 Group 1 Club Champagne 22.38 9_63 0.025 88.00 1Y.54 0.004 Jusc Be�use 26,67 I3.14 0.445 6933 21.98 0.003 Player s Ciub 45,00 859 0.000 5533 11.00 0.000 Men s Club 63.00 21.18 0.005 Cr4-67 ?3.01 0.007 Gentlemea's Club 101,33 8.47 0.000 9433 10.42 0.000 Tempta¢ons b,33 7.09 0_376 2658 1221 0.087 McDonald's 82.33 5.01 0.000 276.OQ 8.72 Q-000 Group Y Crary Ho�se 91.00 9.41 0.000 113.67 16.72 0.000 Tavlerales 47.67 7.84 0.000 5933 8.06 0.000 VIPShowgirls 6.00 5.37 0270 3433 �.50 0-000 Of6[e Lounge 34_67 9_S8 0.001 97.33 12.05 0.000 Twin PeeF:s 19.33 7_35 0.030 2033 8.66 0.024 Kentutky Fried Chid;en 65.00 16.53 O.Q00 iS7.67 2�-96 0.000 Gmup 8 Uptowa Cabarec 93.00 t9.65 O.Q00 709.00 13-62 0.000 Paper poll Lounge [633 5.91 0.008 2133 �28 0.005 BabyDolLs -4.00 5.19 0.445 -18.61 6.96 0.010 Polo qub 28.67 6.31 0.000 6533 17.76 0.001 Learher'rt Lace Sourh 92.00 6.09 0.000 79.00 t 1-86 0.000 Lea�her'n Lace North 21.33 5.66 0.001 10.67 658 0.112 D'�amond Club 8-67 5.86 0.1}6 9033 14.36 0.000 Plaunum Club 30.83 830 0.001 68.00 6-68 0.000 Exaon Y0.00 5-60 0.001 3733 21-70 0,003 Coasranc 2.91 5.?0 05�8 1926 5-93 0.002 .-R-Squared_.__ .__.. -_ Q:9�._ __.__ __ .__- -_ ._Uy5_ ___-___-_- Norc The ttferen¢ site is �he Fancy Ca[ Club. McDonald's are 82.33 and 27b Eor the 500- anc3 1,000-foot nd'u, respectively. These coeffiaents can be interpreted as indiraring that, net of the overall consrant and yeaz-specific terms for the regression equadons, the McDonald's site is expected co have about 82 and 276 more crime events reported on average per yeaz than the Fancy Cat Club, respectively, for the two perimeters. For [he 500-foot perimeter, che coeffidenc for McDonald's is substantially larger than those for all of che adtdt nightdubs in Group 1 except for the Gendemen's CIub. In che case of the 1,000-foot perimeter, che McDonald's coeffident is much lazger than the coeffiaenu of all of the dub sites, including the Gendemen's Club. �' The facc that [he regression cceffiarnc csumared for �he Gu�demen's Club for the 1,000.fooc perimeter (94.39) is smaller tt�an [hat for this club For the 500-foot perimeter (101.33) is no[ an ecror. To <alculace the umm�dirional expetted �alue for the dub and convol site lomfions, one must add the regression coeffident for the sice [o the overall consranc rerm for che regression equauon. hfaking rhis calcu7atioq ic �an be seen thxt the averege expecced number o! evena across rhe rhree years for the L,000-foot perimeter for the Gendemen's Club is about 114 as <ompared to I04 for d�e 500.foot perimerer. � � • (• ._ � Lin� Land, Ezetl, Raul & Williams 93 Consider nexc the adul[ nightdub and control sites in Group 2. Recall that these are medium-crime risk locaaons. In this group, the control site is the Kentucky Fried Chicken resraiu�ant, which has an esrimated regression coef&dent of 65 for the 500-foot perimeter and 137_67 for the 1,000-foot perimeter. For the 500- foot perimeter around the sites, the KFC regression coeffident is subs[anually la �er than those of all of the dub locafions in this group except those for the Crazy Horse Club. T3ae same is true for the cceffidents for the 1,000-foot perimeter model. T'he adult nightclub and control sites in Group 3, the low-crime risk locations, were then examined_ In chis group, the Exxon service station is the control site. It has an esumated regression coefficient of 20 crime evenrs for the 500-foot perimeter and 37.33 for the 1,000-foot perimeter. For the 500-foot perimeter azound the sites, this coefficient is larger than those estimated for chree adult nightrlubs (Paper poll Lounge, Baby Dolls, and Diamond Club), about the same as one dub (Leather 'n Lace North), somewhat smaller than those for three dub sites (Polo Club, Leather 'n :.ace Souch, and Platinum Club), and much smaller than that for one dub (Up[own Cabaret). For the I,000-foot perimeter, the estimated regression coefficient for Exxon is larger than those for three clubs � (Paper poll Lounge, Baby DoILs, and Leather 'n Lace North) and smalles than those for five clubs (Uptown Cabaret, Polo Club, Leather 'n Lace South, Diamond Club, and Platinum Club). We next turn to an assessment of the statisdcal signiScance of the-ci�fferences-between the net effecrs the esuutare8 paruaC --"" - - — -- — regression coefficienu) of the three groups of adult nightdub sites as compared to the corresponding conuol sites. For this, we estimated a set of consa�ained regression models, as reported in Tables 5A and 5B. Table 5A reporu the results for the 500-foot perimeters around the sites; Table 5B reports the corresponding resulu for the 1,000-foot perimeters. Each of these constrained modeLs commenced with a corre- sponding full model, like that displayed in Table 4 for Toral UCR Crime inddencs reported Hnthin die 500-foot perimeter. We then constrained all of the adult clubs in one of the groups, namely Group 1, to have a common partial regression coeffident For Total UCR Crimes, this group coefTident, 29.14, is reported in the first column of coef&cients in Table 5A. The constrained model also estimated a partial regression coeffident for rhe Group 1 control site, the McDonald's fas� food res;zuranG This coeffident, 73.14, is reported in the second column of coefiicients of Table 5A. An F- ratio then was compu[ed for che null hyporhesis chat the common reb ession coefficient for the Group 1 sites is equal to the coeffident for the corresponding concrol site. This stadstic, 29_60, is given in the third column of coefficients of Table 5A. The fourth • 94 An E�ramination of Adnit Bu9aesses and Ctime Table5.A. Summary Resulrs of F-Tests Comparing the Fquivalence of the Club Group Dummy Variables and the Macched Cona Site: 500-Foot Radius Grovp Control Modd Modet Group CcefGcient CoefSdent F-Va(ue p Falue R Syuared Tod Crimes 1 2 3 Toral UCR Crimes i 2 3 UCR Violent Crimes 1 2 8 UCR Property Crimes 1 2 3 Sea Crimes Other Crunes 4�.05 6533 43.67 29.I4 39.73 28.I7 8.14 4.47 4,3g 21.00 3527 23.79 029 020 0.50 17.71 ?5.47 1533 128.38 106.00 4438 73,67 65.00 20.00 15.00 27.67 Y.67 58.67 3?33 1733 0.67 0.00 0.67 5433 41.00 24.00 18.40 1.70 O.OQ 2i.60 1.96 1.36 I1_15 6.15 0.34 ?1.63 0.02 1.95 O.SY 1.91 4.0� }.16 1.31 152 0.0006 0.1982 0.9�82 a.0000 O.I662 02487 0.0016 d.0I67 0.5623 0.0000 0.8790 0.1632 0.3689 0.1735 0.8592 0.0465 025�9 0 �227 0.65 0]3 0.67 0.59 0 7�3 0.66 0.61 0.78 0.51 0.53 0.69 0.73 O.SO 0.40 D_t7 0.65 0.67 0.62 Nore: For Group 1, [he refecrnm site is che Diamond Club. For Groups 2 and 3, the mf¢en�. ssm is tAe Fancy C�t GIn6. ------------------ceIrxnn of--coe4&eiex�FS-r-eports-tFie-s{aeistiral-signifieance [he F-rauo. For Group 1 Total UCR Crimes, it can be seen in Table 5A that the estimated difference of [he partiai regression coefficients for Total UCR Crimes for the Group 1 adult dubs and the control site for this group is highly statisdcally significant, that is, has a j�-value or estimated probability of occurrence that is equal to zero to four deamal places. Iu other words, the numerical difference of the esumated partiai regression coefficients for the Group I sites and the control sice for Group 1 is not likely to be due to chance variations. Futthermore, the estimated coeffiaents shoti• that the adult ciub sites in Group 1 are highly likely to have a ne[ number of Total UCR Crimes that is much smaller than the control si[e. F.xaminin� yll of ihe estimated coeffidents� F-rauos, and p-values in Table 5A, it czn be seen that a pattern is readily appazenc: for four of the crime rategories-Toral Crimes, Torai UCR Crimes, UCR Volent Crimes, and UCR Property Crimes-[he numerical differences of the estimated pardal regression coe$'idents for the Group 1 sites (the adult nightclubs located in reladvely high-crime risk areas) and the coeffidents for the control si[e (the MeDonald's fast food restaurant) are highly statisdcally significant That is, these numerical differences are not likely due to chance $ucruaaons in the � � • �. � Linz, Iand, F+Pi ,1 Paul & w:it;z...< 95 • Tab1e5B. Summazy Resulu of F-Tesrs Comparing che Equivalence of che Ciub Group Dummy Variables and the Ma[ched Con[rol Site: 500.Fooc R3d1i1S Model Gmssp Torat Crimes 1 2 3 Toa1 UCR Crimes 1 � 3 UCR Violent Crimes I n 3 UCR Property Crimes I 2 3 Sex Crimes O[her Crimes I 2 3 Group Control Coef6denc Coe6den� F-rario -55.67 104.67 78 33 -36.33 65.00 53.13 1.62 720 6.54 -3>.95 57.80 46.58 0.67 0.67 0.6i -19.71 39.Y7 24.9? 257.67 151.77 0.0000 239.00 8.17 0.0063 74.33 6.04 6.8561 I85.67 }08.?7 0.0000 137.67 7.97 0.0069 37.33 124 09698 23.00 3057 0.0000 51.67 16.13 0.0002 338 0.89 0.3508 I62.67 344.'71 0_0000 86.00 3.30 0.0644 34.00 1.13 02936 0.67 0.00 1.0000 ?.38 0.52 0.4734 1.67 0.46 0.#992 71.67 81.32 0.0000 100.33 7.75 0.0071 36.00 1.71 02973 Model 0.87 0.87 0.79 0.87 0.87 0.?9 0.67 O.S9 0.7fi 0.87 0.86 0.79 0.18 0.49 0.43 0.81 0.82 0.74 Nare: For group I, the refermce ate is che Diamond Ciub. For groups 2 and 3, the reEerentt v[< is the Fnncy Cac dub_ data. In arlier words; ttie expected" numliers of crime evenia for these four categories of crime reported within 500-foot perimeteis of the Group 1 adult nightclnb locadons are much lower than those reported ti�ithin this perimeter for rhe control si[e And these differences are not likely to be due to random or chance fluctuations. For these four categories of crime inddents, the numerical differences of the cceffiaenrs for the Group 2(dubs located in medium-crime risk azeas) and Group 3(clubs located in low-crime risk areas) adul� nightclub sites and their respecdve control sites are not nearly as large and tend not to reach sutisacal significance. An excepaon is the Group 2 constrained model for UCR Viotent Crunes, which has an F-ratio of 6.15. This F-ratio has a�i-value or probability of occurrence under die null hypothesis of no difference in the regression coefficients for rhe club and control sites of .0167, �vhich is statistically sigsuficant at the .05 level. Generalty, however, the main conclusion from Table 5A for these four crime categories is that, within the 500-foot perimeters, there are sijxuficandy lower numbers ofcrime incidenrs reported around the Group 1 adult nightdubs than around the corresponding control site. Fos the Group 2 and Group 3 club sites, the • �, � 96 An F+-�+^;nauon of Adult Busmesses and Crime di$'erences in the partial regression coeffidents [end not to be as large and not attain statisRCal si�nifificance. For the orher iwo aime categories in Table 5A—Sex Crimes and Other Crimes—there is l�ss of a pattern to rhe group differences. Recall that the number of sex a�imes reported per year at any o£ the aduit nightclub or mntrot sites is very smal(_ It is therefore not surprising that none of the numerical di$�erences of regression coeffidents for the groups of dub sites and [heir correspondina conaol sites attain sratistical sibanifimnce. For the Other Crimes category, the numerical differences of the estimated regression ccefficients for both the Group 1 clubs and their control site attain statisticai significance. Even for these crimes, however, the numerical values of the regression cceffidenu for [he Group 2 dub locarions (25.47) and their rontrol si[e (4] ) indicate a larger e�cpected number of crime inadenrs—about 16 per year—within the 500- foot perimeters around the dub locadons than around the control site. But the variabitiry within che Group 2 club locadons is suffidendy large chat this numerical difference is noc statistically significanc What is the effec[ on the dub group versus control site comparisons of enlarging the perimeters for crixnes reported to 1,000 feet around the sites? Recall chat this allows for the indusion • of more crime inadenrs from the neighborhoods around the dub and control locations. Table 5B provides the answers. For four of the six crim catego ries—Toral Crimes, Total UCR Crimes, UCR - - Polent Crimes, and O[fier G esRmates m'I'a�T 5B - - --- — show that the adult club sites have esdmated partial regression coeffidents that aze m�ch smalier than those of the corresponding control sites for the Group 1 and Group 2 dubs. And these numerical dif£erences all are statisrically significant at the .05 level. Indeed, most of the F-ratios have p-va[ues much smaller than .05_ The esrimated par[ial regression coeffidents for the UCR Property Crimes rategory show a similar pattern of differences of club and control sites for the Group 1 dubs. However, while the coe�ident difference is in a similar direcaon for the Group 2 dubs and control site for thls aime category for the Group 2 dubs, the correspond- ing F-ratio has ap-value of .08, which does not exceed [he .05 level of stadstical significance. For the fihh crime category, Sex Crimes, the numerical differences between expected nambers of inadents reported for the club and conrrol sites again are small and sra[isdcally insignificant. In brief, the main effect of erilar7ing the perimeters around the adulc nightclub and control site locadons from 500 to 1,000 feet for most categories of reported crime incidents is that the gaps in the expected numbers of crime inddents become �ery large and highly stausdcally significant for both the high- and the medium-crime risk locaaons. • ❑ � Lina Land� F' il- Paul & Williams 97 C.OIICIllS107T On the basis of the findina reviewed above, it must be conduded that there is litde evidence in the data to support the main hypothesis stated eariier. Recall that we asked: once variables known to be related co crime evenrs suggested by social disorganizadon and roudne acdviaes theories have been caken into account, does the presence of an adult business in a localized area increase the concurrence in space and cime o£ offenders motivated to commit crimes cogecher with suitable targeu for the crimes in the absence of guardians rapable of prevendng or deterring the crimes? We found that, at leas[ in Chazlotte, North Cazolina, it is not the case that rhe presence of an adult nightclub increases the number of crime incidenu reported in localized areas surrounding the dub as compazed to the number of crime incidents reported in comparable localized areas that do not contain an adult nightclub. Indeed, the empirical data and analyses reported above imply the opposite, namely, that the neazby areas surrounding the adult nigh[club sites have smaller numbers of reported crime inddents than do corresponding areas surrounding the three control sites studied. Furthermore, it must be emphasized again that the control sites were chosen solely by matching set demographic chazacter- isucs (which were chosen on the basis of crime opportunitylroudne activides theory and reseazch) of the census block or blocks - comaining - the adult nightdubs and tontrol sit�s. Tkus, tliese -- -- -- --- - findings could not have been biased by the choice of the conu�ol sites. Further, although no[ u�rnrporated into the formal model, er.amination of the vehicular traffic patterns and number of commerdal establishments surrounding the adult businesses yielded no consistent pattern of findings. There were not, for example, consistendy more business ta oets for crune or a eater numbers of human traffic passing through the conrzol areas that would accoun[ for the greater numbers of crimes in these locations compared co the adult locations. Our regression analyses heip co idenaty more precisely exacdy where the adult nighulubs with relauvely low numbers of reported crime inddents are located. Specifically, for local areas around the aduit nightclub and control sites defined by 500-foot radii, the regression analyses show that it is in the high-a'ime risk locaaons in which the numbers of reported crimes are significantty lower than in the corresponding control site. In the medium- and low-crime risk dub and control site locations, the regression models estimate smaller effect coeffiaents for mme risk of the club locarions than for the corresponding control sites. However, the numerical differences of the coefficients for these two more moderate-crime • � ��_ �Q� 9s An Ex mn•�c�on oe na,ac s„smesses ana cria.e risk groups versus their control sites generally do not reach standard levels of sta6sdral significance. The regression analyses £or the dubs and control sites defined by the i radu (which allow for the indusion of more aime vncidents from the neighborhoods around rhe sites) show similar results for the high- crune risk locations. In addition, the 1,000-Foot perimeter regres- sion analyses similarly show that rhe medium-crime risk locations generally have significandy lower numbers of crime inddents that those reported for the corresponding con�ol site. Our analj�es af the overatl mean numbers of crime inadents (for the adult nigh[clubs compazed to the mntrol sites) for the years 1998-2000 suggest that Charlotte, like many daes across the country and the TJnited States as a whole (U_S. Department of Jusfice, Federal Bureau of Invesagation 2000), was experiencing declining numbers of crime inadenu during this period. These analyses show thac the overall lower numbers of crime inddents reported in the local azeas around the adult nigh[clubs than azound the control sites dec(ined a�a�oss the three years. That is, the differences decreased, chus indicadng that, as the overall level of crime ur Charloae declirced from 1998 to 2000, the numbers of crime inddents reported in local areas azound the control sites declined toward the lower levels already present in the local areas surrounding the adult dub sites. In orher words, the areas around the adutt dub sites already had relatively low levels of reportecl crime in 1998_ Then, as the overall le��els of crime in Charlotte ded'ened in 1999 and 2000, -- ----_- -_- ----- ----- --the-numbers-of-a�ime si[es remained at these low leveLs. But, during 1999 and 2000, the numbers of crime inddenu reported azound the controI sites dedined along with crime levels in the dry as a whole and [oward the already low levels of the locations around the dub sites. Imp&cations for Csime Opportunity and Social DisorganizaIIoa Peispectives What accounu for these findings? In conaadicrion to the hypothesis stated earlier in this artide, why do the local areas surrounding the adult nightclubs in Gharlocte have lower numbers of reported crime incidents than rnrresponding areas around the conrrol sites? Why do �ne not find empirical evidence oi the soaal disorganization/crime opportuniry spillover of these adult esrab- lishments of the type ated at the ourset of this article? Firsc, rhe adult nightdub business in the late-1990s in many respecu may be quice unlike that of the 1960s and 1970s when rhese establishments were relaflvely new forums of entertainmen[ in American society. As noted in the in�oduction to this artide, adult nighulubs have been subjected to over two decades of u u • r Q ��'r(� , � �J 1 �I � � Ezell, Pani &'W"�i� 99' muniapal zoning restrictions across the coun�y, and they usually must comply with many other regulaaons as well. These clubs do not appear to be tocations where potential offenders gather to prey on desirable targeu in the absence of Qime suppressox5, such as employees whose role is to ensure the safety of customers and the maintenance of order within the dubs. The establishments themselves have evolved more closely into le�itimate businesses—establishments with management attention to profirability and continuiry of eacistence. To meet [hese objectives, it is essential that the management and/or otiners of the clubs provide their customers with some assurance oF safety. Accordingly, adult nightclubs, induding those in Chazlot[e, often appear to have better lighung in their parking ]ou and better securiry surveillance than is standard for non-nightclub business establishments. These may be factors producing fewer aime opportunities and lower numhers of reported crime incidents in the surrounding areas of the clubs. The extensive management of the parking locs adjouung rhe exodc dance nightdubs, in many cases including a ards in the parking lors, valet parking, and other control mechanisms, may be especially effective in reduang the possibility of violent disputes in the surrounding area. In addition, unlike other liquor-serving establishmencs (bazs and taverns that do not offer adult entertain- ment) that may be present in the conuol azeas, violent disputes in [he areas surrounding exotic dance dubs between men over ---- ----- - - - -an�vascce -d---attent�on-by-ottier males — ------ ------- - minimal due to the fact that the majoriry of patrons attend the dubs wathout female parmers. Thus, the possibiliry of interperso- nal ag�ression may be �ready reduced in the vicinity of adult dance dubs, compared to most other loca[ions where adults con�regate, such as bars or taverns [hat do not feature adult entertainmen[. Findings from a qualitative, anthropoloa cal case study of several of the exotic dance clubs included in chis study undertaken by Hanna (2001) are consistent with these speculations. Three adult clubs were chosen to reflect three difFerent kinds of economically developed neighborhoods. Neighborhood residents had few complainrs about the adult businesses and most neighbor- ing business owners were quick to note that the reason they felt che adulc clubs had few negative effects was because of very efficient mana�ement of the property and facilities. A related, but alternative, explanation might also be consid- ered. Perhaps victims of crime in areas surrounding adult clubs are not motivated to report crime incidenrs to the police. If this were the case, there may not 6e srable crime reporting across study and convol sites. It could be that, coTnpared to the control sites, more of [he crime that occurs in dze adult dance dub zone goes • � �G �� I00 An Exa++�;..arioa of Adnit Bnsinesses and Crime unreported. It seems plausible that many of the vicdms of crime in these areas might not want to draw attention to themselves. This may be a plausible aiternarive explanation for crimes such as personal assault and robbery; it would not be a reasonable eicptanaROn for burglary, serious property crimes in adjacent buildings, murder, or serious personal assaulc Finally, it is importanc to point out that unperfecrions in matching conu-ol and adult dub areas may always be advanced to account for the findings here or for any other quasi-experimental stady. White we attempted to match [he sites on variables known to be related to crime as suggested by criminologiral theory and further ea�**±�hed business and traffic pattems and found no consistent pattem that could plausibly account for the resplts, it is never possible, logically, to rule out all alternadve explanauons based on some arcobserved vaz to match ai1 possibie variables. Indeed, we always fail to match on some unspecified variable. The challenge is to identify that variable before hand wIuch may more reasonably account for the findings_ One spedfic difference between conh�ol and club sites may be worth no�ng, however, and could be the basis fior further study. We chose specific business lorations in the center of the control areas for our crime event counts, and this yielded two popular fast food restaurants and a gas station as conuol sites. There might be more appropriate cona-ol sites for comparison given the context of the secondary effects tegal argumencs. - — - - - - - - - -oacep y, -it - may - be more appropriare to compare adult - " - - " ----- — dub sites with non-adult club sites so that one can determine whether the type of club acavity affects the level of crime_ This comparison may be unplidt (if not explidt) in the minds of ci¢zens and jastices when considering whe[her an adult dub shoald be allowed to locate in a particular area. Methodologically, using basic service type businesses such as fast food restauranu as control sites may confound the comparisons being made in the research, even iF they are located in azeas equivalent to those in which adult dance dubs are located. There is an empirical study conducted in ano[her locale, which may allay the concern thac the ccnu�ol areas chosen in the present study would yield abnormally high crime rates relative to adult dub locadons. The Board of Commissioners of Fulron County, Georgia (Atlanta area) attempted to address the assumption that the consumpfion of alcoholic beverages in adult entertainment estab- lishments may contribute to increased crime in the vicinity of such adult enterrainment establishments. This study, conducted by the Fulton Gounty Police Department, compared calls for service to the police that resulied in an arrest or a report ut the viciniry of six liquor-serving establishmenu that feamred adult etttertainmen[ �� \ J • �2t/ � %s. �v" E 7 • ra� & w,u�� toi and six liquor-serving establishments tha[ did not indude adult entercainment (Fulton Counry Police 1997). The findings indicated substantially more calls for service to the police to liquor establish- menu chat ditl not provide adult ente�*��nment compared to fiquor establishments featuring adult entertainment These findings lend credibility to the ouuome of the present study and suggest that the results are not a function of imp_operly matched control and cest sites. Unfortunacely, the Fulton County study did not match test and control areas on demographic Fariables known to be related to crime and is therefore methodologicaliy limited. The most informative approach �n�ould be to examine crime incidents surrounding adult businesses while simultaneously controlling for all other known or suspected causes of crime. This would indude taking into account variabies such as Iand use, social disorganization and crune opportunity, traffic pattems, and the presence or absence of alcohol-serving establishments. Future research should be devoted to the study of secondary effects of adult businesses with these methodological refinemenrs. Legal and Policy Implications • It has been demonstrated chrough this study that there may be a suffiaent basis for a serious challenge to the assumption made by municipalities and the courts that there is an empirical relaaonship between exotic dance businesses and at least one kind of negative secondary effect, specifically increases "'in crime. F"urftier condusion is based on research procedures that adhere more thoroughly to lon� standing and well-accepted methodotogical procedures for insuring sound scientific conciusions than previous studies undertaken by muniapaliries across the country. In Pap's, Jusdce O'Connor provides room for ]egal challenges, based on the collecaon of empirical evidence, to the asseraons made by municipa&ries regarding a relaaonship between adverse secondary effects and nude dancing. In order to remain consistent with the Supreme Court's holding in P¢�'s, dower courts will be required to consider the methodological legitimacy of evidence of a reladonship between negauve secondary effects and the subject businesses collecced both by governmenu and by those business owners �vho a[tempt co challenge government ordinances restricc- ing their establishments_ Further, in Ala�nzda, Jusace O'Connor and others further refined her notions of how municipalities' assumptions about adult businesses and secondary effects may be challenged by admonish- ing ciues that they cannot engage in shoddy dara collecaon or reasoning in coming to the conclusion thac adult businesses cause these effecu. In evaluating the qualiry of the data collected and the u � 3� � � � � �� j � 102 An F " n of Adult Busiaesses and Crime � reasoning of munidpalities, a standard such as that laid out in D¢vbert for the admissibility of saendfxc evidence may best serve che interests of jusuce. '£he study presented here, we would argue, meets such standards for admissibility. The application of such srandards, boLstered by the Court s opinion in Ala�neda, may force courrs to rejec[ studies rhat have been previously relied upoa as evidence of negative secondary effects, and require new, more methodolob - cally sound smdies to demonstrate the necessiry for regulaaons direaed at the exotic dance industry_ Challenging Common Sense Assumptions About Adverse Secondaty Fffects This invesda don suggesrs it may be best not co assume adverse secondary effects in the £orm of greater crime emanate from adult businesses in a communiry. Further tesu of this assumption on a communiry-by-communiry basis are not tremendously difficult. Justice Souter noted in his opinion in Ald�neda: • ... s�ess should be placed on the point that requiring empirical jusufication of claims about properry ��alue or crime is not • demanding any[hing Herculean. Increased aime, like prostitu- tion and muggings, and declining propercy �alues in azeas surrouncling adutc basinesses, are all readily observable, ofren w the unuained eye and ceruinly to the police officer and urban - ---- - ------ - - - - -- - -- - - - - — — plannei "I'hese hazms can�e s�hown '6y police reports, a-'une - sratistics, and smdies of market value ... And predsely because this sort of evidence is readily available, Jusdce Souter noted: Reviewing rnures ueed ro be wary when rhe guvernment appeals, not to evidence, but m unaitiral common sense in an effort to justify such a zoning res�iction. I� is not that common sense is ahvays illegiumate in Eirst Amendment demonsvaaon. The need for independenc proof varies with the point that needs co be esrablished, and zoning can be supported by common experience when there is no reason �o question it But we must be careful about subsritudng mmmon assumprions for evidence, whea the evidence is as readily available as pub&c sratistics and munidpal property valuations, lest we find out when the evidence is gathered that assumpaons are highly debatable. In fact, in rhe Alamed¢ case, Jusace Souter has formulated a legal test based on empirical verificadon. He argues that the weaker the empirical evidence concerning secondary effeccs, the more likely the governmental action is not content neutral. He states: � � �� 103 4 I.�� I.and, Ezell Paul &'fhTillia...c .._ The lesson is chat the lesser s¢utiny applied to ... zoning res�icrioas is no excuse for govemment failure to provide a factual demonsuation for c7aims it makes about secondary effecGS; on the wntrary, this is what demaads rhe demonsnation. rind finaIly the weaker the demonsaarion of faccs disrintt from disapproval of the adult viewpoin[, the greazer the likelihood that nothing more [han mndemnation of the viewpoint drives rhe legislaaon. The danger is thax wichout empirical verification the dty has a righc to experimen� with a Firsc Amendmenc resvicrion in response to a problem of increased crime that the aty has never shown to be associated with adult businesses. However welcome, this is an adn ittedly strong posidon in favur of empiricai evidence to substantiate a legal assumpcion about human behavior. At the very leas[, however, a study like [he one reported here could have the effect of shifrina the burden of proof to muniapaliaes to demonsaate that their theory of adverse secondary effects is correcc Refferences � Babbie. E. (1999) TI�e Batia of Sociat Rrsearth. Beimon2. C?: Wadsworth- � Campbell, D. T., & J. C. Sianley (1963) ExQe�imenta! and Quasi-Experimental Designs fm' Research. Chicago: Rand McNall}. Cohen, L. E., & M. Feiwn (1979) "Sodal Change and Crime Race Trends: A Roudne — -� �--��-- - � ---- ' -- :4ttivity:4pproach;'44Amnicast�oc'tatogiratRtv. - 58�608.. . - -- Cohen, J., W. Gorr, & A 011igschlaeger (1993) Modeling Smeeo-Leuel !lLici[ D�ug Markeu, Working paper 98-64. The H. John Heinx III Scfiool of Public Policy and Managemen� Pittsburgh: Camegie Mellon Unive�siry. Cohen, L E., J. R Kluegel, & K. C. Land (1981) "Social Inequality and Predatory Crimiml Vicrim'vation: An Fxposition and Test of a Formal Theory:' 46 Amerfuen Saciologrcal Rev. 505-24. Davidson, R, & j. G. MtFionon Q993) Eskmatioa and Inference irz EconomeLrirs. Nerv York: Oxford Univ. Press. Dnffala. D. C. (1976) "Convenience Stores, Axmed Robbery, and Pl�ysiml Environ- � mrntal Feamres;' 20 Anurican Behavio al Scienlist 227-46. Engstad, P. r1. (1975)"Environmensal Opportunities and che Etology of Crime;' in R. tl Sff�erman & J. j. Teevan, eds_, C+2me in Canadian Soeielx Toron[o: Butter�.ortlis. Fulcon Counry PoGce (1997) Study of CnUs for Serxnce W Adu(t Ente�tainment E.vabGshments Which Se�ue Akoho(ic Bevaages, Janvary I495-Mm 1997. Reporc to che &oard of Commissioners of Fulton Counry, Georgia. Hanna, J. L(2001) "Rea[iry and My[h, Wha[ Neighbors Say Abou� E.eofic Dance Clubs: A Case Smdy in Chazlo2te, Norch Carolina," Unpublished maausnipt, Univ. oE Maryland. Hannan, M. T., & A A Young (7977) "Es¢maaon in Panel Models: Resulss on Pooling Cross-Sections and Time Series;' 1977 Soeioingictil Methodology 52-83- Hsiao, C. (1486) Analyris of Pmzel Data: Econmaetrit Soeie[y Marsographs. New York: Cambridge. " Linz, D., & B. Paul (2W2) "Testing Assumptions riade by the Supreme Court Conceming the Negati�•e Secondary Fffecrs of Adult Businesses: A Quasi- � � ��, .� Q �� 104 An Fxa+�S^�tion of Adnit Businesses and Experimental Approach w a FicstAmendmenc Lssue;' Paper presenced ac [he 2002 Incernarional Communication Assodaaon, Ampuko, Me�aco. Long, J. S., & H. Ervin (2000) "Correcring for Heteroskedasridty with Her.erwkedas- uciry-Consiscent Standard Errors in che Linear Regression Model: Smalt Sample Consideretions;' 54 The Americ¢n Scalz�ticim� 217-24. McKicuxoa, J. G., & I-I. 4Vhite (1985) "Some Heteroskedastiaty-Consistent Covariance Ma[ris Fsdmatu�s with Improved Finire Samp[e Propetties;' 29 J. af Ecommeaus 53-57. biiethe, Terance D., & David i�fcDowall p998) "Concexcua! Effeccs in Models of Criminal Vicfimiution," 71 Saci¢! Fo-rces 741-59. Mieche, T. D., & R. F. hfeier (1994) Crime and Its Social Cantexh. Tourmd arz h�vled Theory of Offeralers, V'iclnrzs, and Sitvat4mcs. Aibany, NY: Srate Univ, of New York Press. Paul, S., D. G. Linz, & B. J. Shafer (2001) "Govemmenc Regula[ion ofAdulc Businesses Through Zoning and Anti-Nudiry O�dinances: Debunking the Legal Myth of Negative Secondary Effects," 6 Cammunicaeions in Laro FP PnGcy 355-94. Planning Departmen[, Ciry of Phceniu, Arizona (1979) ReGilimz of CriminaC Acizn+lp and Adult Bu+vusses- Popper, K. Q9591 The Gogic of Stientific Diumx+p- New Yorl:: Basic Boolcs. Roncek D. W., & P. A Maier (1991) "Bars, Blocks, and Crimes Revisited: Linking [he Theory of Rourine Aaivities to rhe Empiricism oE 'Hot Spors: "�9 Crz�rs'uzalagy 725-53. Sherman, Lawrence W., Patrick R Gartin, & Michael E. Buerger (1989) "Hot Spots of Preditory Crime: Routine Activiues and the Gtiminotogy of Place;' 27 Crivcnalogq 27-5a'. Singteron, R A, Jr., B. C. Suaits> & DS. M. Scrzirs Q993) .9fr(ma¢cJ�rs to Social RescartFc- London: Oxford Uni�: Press- Smich. W. R, 5. G. Frazee, & E. L Da��ison (2000) "Furrhering rhe Inregrauon of Routine Activiry and Soaa! Diwigan'vauon Theories: Small Units of Analysis and � che Smdy of Sueec Robbery as a Diffusion Process," 38 Ginm+otv� 489-524. Starl:, Rodney (198� "Deviant Places: A Theory of the Ecolosy of Crime," Y5 ---G�v�mento�q-59� -� ----------------------- U.S. Depanment oF Jusrice, Federal Burea i of Ineesfiga[ion (2000) Crime irz lhe United Suvs, 1999. Washing[on, DC: U.S. Go��ernmenc Prinring Office_ �Nhiu, H. (1980) °A Heceroskedasuc-Consiscenc Covarianm Matrix and a Direa Tesc of Heteroskedasriciry, 4S Economehita 817-88. � . � � a � • Received March 28, 2005 ,_ � ,.. MEASURING SECONDARY EFFECTS OF ADULT BUSINESSES USING SPATIO-TEMPORAL ES71MATlON OF REAL ESTATE PR10E APPRECiATiON George W. McCarthy Universify of North Carolina at Chapel Hill Henry Renski University of North Carolina at Chapel Hili Daniel Linz lSniversity of Califomia at Santa Barbara 5/24/01 Please address all correspondence to: . George McCarthy 21 Cramer Rd. Rhinebeck, NY 12572 (914) 876-2460 mac@webjoggecnet - The research repoRed here was supporked by a grant from the Tarheel Association. THIS IS A DRAFT—DO MOT CiTE' WITHOUT AUTHORS' PERMISSION �� l� � I � � � �� - � _ t,'��:; `�� ,:�' INTRODUCTIQN In recent years, there has been increased interest in measuring secondary effects of some activities in surrogate markets. For example, locating less desirabie activities in one place qn have measurable etfects in related markets. Locating nuclear power plants exposes neighbors to increasecf risk of exposure to radioactivity due to an accident at the plant. Attempts to block the location of landfiiis, prisons, waste incinerators or a raft of other activities generate organized efforts commonly labeled rtot- in-my-back-yard (NIMBI�. The efforts typicaily involve popular protest, extensive lobbying of public officials, and legal efforts to protect local populations from the unwanted negative effects. Legal avenues have been used successfuily in recent years to influence the location and the character of the operation of so-called adult entertainment establishments. Opponents of sex clubs have used claims of negative secondary effects to justify cfosing or changing the way business is done in the clubs. Cities and municipalities who have wished to prohibit adult businesses from operating in certain areas have justified these "zoning" regulations by appealing to the idea that the presence of the business wifl have so called "adverse, or negative secortdary etfects" on the surrounding community. One effect most frequenUy identified is the decrease in the value of properties located near these establishments. Some claim that property value losses are related to an increase in criminal activity associated with the adult c�ubs. � While some efforts to close, or change the nature of business conduc±ed in, adult clubs • have been successful, there is little formal evidence of negative effects on real estate vafues associated wifh proximity to aduft establishments. In this paper, we use a __._ _._. dynamic modeLof hous_e_Rric_e_app[eciation in a la[ge_uCban maCket to mgasure _._ secondary effects. 8y identifying parcels in close proximity to adult entertainment establishments, we use the model to estimate the influence of these clubs on the price appreciation of nearby real estafe. Researchers have examined the dynamics of house price appreciation extensively (see for example Goodman 1988; Case and Schiller 1989; and Case and Quigley 1991, Crone and Voith 1992, and Clapp and Giaccotto 1999)'. Researchers have examined both the temporat (appreciation over time) and spatial (locational effects) dimensions of price appreciation. There is also an emerging literature on combining both temporal and spa6al measurement issues (Quercia, McCarthy Ryznar and Can, 2000; Crone and Voith, 1999). We begin the paper with a review the legal issues surrounding negative secondary effects associated with sex clubs. This is followed with a review of sfudies that attempt �See special issues of the Jouma! of Real Estate Finance and Economics (14{2) January March �997) and Joumal of the American Rea/ Estate and Urban Economics AssociaSon (19(3) Fall 1991). 2 • = . . _ . to assess these negative secondary effecfs. Other research studies on temporal, neighborhood and spatial effects on house price changes that are not related specificaliy to the sex club issue are then reviewed. Following the literature reviews, we present an empirical study that advances a state of the art estimation method to assess secondary effects. In this study we adopt an expanded repeat housing sales model to estimate, over time and space, appreciation rates for real estate parcels. Using 1980-2000 tax assessment data from Meckienburg County, North Carolina, we estimate annuai appreciation rates and evaluate the extent to which appreciation rates are related to the location of adult ciubs. We show that there is litiie evidence of a nega6ve impact of the location of adult Gubs on house price appreciation. While house prices show a sfightly lower average appreciation rate over the entire period, when spatial and temporal controls are added, appreciation rates are actually higher for parcels in close proximity to adulf clubs in 11 of the 20 years of the study. We end the paper with a discussion of the results and their impiications for further research and po(icy. LITERATURE REVIEWS THE LEGAL BACKDROP � Since 197&, the United States Supreme Court has decided a series of cases focusing on whether the free speech clause of the First Amendment allows cities and states to enact legislation controlfing the location of adult businesses. These zoning regulations (e.g., laws or ordinances that prevent a sex-related business from operating within a certain --- --- —number_of_feetfcom_�esidences, schools_and_houses_ofworshiP or_a.givendistan�e from_ one another) have been predicated on the notion that cities and other municipalities have a substantial interest in combating so-called negative secondary effects on the neighbofioods surrounding adult businesses. These secondary effects have most often included alleged increases in crime, decreases in property values, and other indicators of neighborhood deterioration in the area surrounding the adult business. Typically, communities have either conducted their own investigations of potential secondary effects or have relied on studies conducteci by other cities or localities. In more recent years, the Court has considered the constitutionality of anti-nudity ordinances passed by municipalities or states that have relied on negative secondary effects to justify the legislation. The Court in Bames v. Gfens Theaterinc., held that the State of Indiana could regulate nudity. Justice Souter and a plurality of the Court ruled that the government could undertake such regulation on the basis of the Qresumed negafive secondary effects on the surrounding communiry. More recently, in City of Erie v. Pap's A.M. the Court again held that municipalities have the right to pass anti-nudity ordinances. Again, however, the Court was divided. Three Justices agreed with Justice � 3 �� . ;�` , ... O'Connor's opinion that combating negative secondary eifects associated with adult � businesses was a legitimate basis for the imposition of an anti-nudity ordinance. Justice Souter's dissent in the Pap`s decision is noteworthy. He significantiy revised the posifion he took regarding secondary effects in Bames. In Pap's, Justice Souter admitted that the evidence of a relationship between adult businesses and negafive secondary effects is at best inconclusive. He called into question the reliabitity of past studies that purported to demonstrate these effects and suggested that municipalities wishing to ban nudity must show evidence of a relationship beiween adult businesses and negative effects. In the last 25 years, beginning with the 1976 case, Young v. American Mini Theatres " Inc.,21 several United States Supreme Court decisions have provided guidance as to what constitutes peRnissible govemment regulafion of the location of adutt entertainment establishments under the free speech clause of the First Amendment. The Court has normally subjected ordinances which resfict the location of adult businesses to an evaluafion under the framework for content-nuetral restrictions on symbolic speech set forth in the four-part test in United States v. O'Brien. Justice Powell applied the four-part OBrien test in his concurring opinion in Young. in this case, the Court upheld a Detroit zoning ordinance that regulated the location of adult theaters. The ordinance mandated that adult theaters not locate within 1,000 feet of any two other iregulated usesi or within 500 feet of a residential area. The Detroit ordinance did not attempt to eliminate adult entertainment; rather its aim was to disperse such • businesses in an effort to minimize so calfed negative secondary efFects. In upholding this ordinance, the plurality opinion of the Court reaffirmed the doctrine that a statute (including a zoning ordinance) must have a real and substantial deterrent effect on __ ________ legftimate expression before it will be invalidated. The Court said the ordinance was not an invalid prior restraint on protected expression because it had neither the intent nor the effect of suppressing speech, but was aimed at controlling the secondary effects caused by adult businesses on.surrounding uses. In another landmark decision regarding a municipality's attempt to control secondary effects allegedly caused by adult businesses, Ciry of Renton v. Playtime Theatres, the Court upheld a Renton, Washington, zoning ordinance that, although not banning adult businesses altogefher, did prohibit them from locating within 1,000 feet of any residential zone, church, park, or school. The Court held that the Renton ordinance did not restrict First Amendment rights, as the purposes of the ordinance were unrelated to the suppression of speech, and the restrictions were the least inWsive means by which to further the govemmenYs interests. Part of the constitufional precedent set forth by the decision in Renfon is a three prong test stipulating that an ordinance must : 1) be content neutral and only aimed at curbing secondary effects, 2) provide altemate avenues of communicafion, and 3) further a substantial govemmental interest. It is noteworthy that in this case the Court stated, for the first time, that a city interested 4 • � �- - • in restricting the operation of adult businesses was not required to show adverse impact from the operation of adult theaters, but could instead rely on the experiences of other cities as a rationale for supporting the passage of an ordinance.28 Prior fo this rufing, the lower Court of Appeais found that °because the Renton ordinance was enacted without the benefit of studies specifically rela6ng to the particular problems or needs of Renton, the city's justifications for the ordinance were condusory and speculative'. The Supreme Court maintained that the Court of Appeals had required an unnecessary burden of proof on the cify. The Court ruled that Renton couid rely primarily on experiences of, and studies produced by the nearby city of Seattle as evidence of a relationship between adult uses and negative secondary effects. Thus, the Court ruled that the First Amendment does not require a cily to conduct new studies orproduce new evidence before enacting an ordinance, so long as the evidence relied upon is reasonably believed to be relevant to the problem the city faces. The Court's opinion in Renton established that cities themselves are not required to show adverse impact, but could rely on other cities' experiences to establish that a sufficient govemment interest was at stake. Since Renton, a number of cities, counties, and states have undertaken investigations intended to establish the presence of such secondary effects and their connection to adult facilities. These studies have, in turn, been shared with other municipalities and generally served as the basis for claims that adult entertainment establishments are causally related to harmful secondary side • effects, such as increased crime and decreases in property values. Many local govemments across the United States have relied on this body of shared information as evidence of the secondary effects of adult businesses. Further, in most cases, cities and other governmental agencies have used the experiences of a core set of studies from other locales as a-rationale for instituting regulation of such businesses_in their own. communities. This recent expansion of the negative secondary effects "doctrine" to include not only the zoning of adult businesses but now the regulation of the content of expression within these esfablishments, begs the question: How reliable and valid are "studies" conducted by individual municipalities and shared nationwide with other municipalities attempting to regulate the location of, and most recently, erotic expression within, adult businesses? The basic requirements for 4he acceptance of scient�c evidence such as the secondary effects studies were prescribed by the Supreme Court in the 1993 case of Daubert v. Merrelt Dow.51 In Daubert, Justice Blackmun held that there are limits on the admissibility of scientific evidence offered by °'expert witnesses" in federal courts. The Court noted that scientific knowledge must be grounded in the methods and procedures of science and must be based on more than subjective belief or unsupported speculation. Offering observations as to how this connection can be made, fhe Court provided a list of factors that federal judges could consider in ruling on a proffer of expert scientific testimony, including: the notion of falsifiabil'ity, peer review and publication, error rate, and adherence to professional standards in using the technique in question. L J 3 � � m �o � it is important to keep tHese standards in mind when considering the body the research . s that has been brought to=bear to support. This research is discussed in the foliowing �� section. For a full, criticai evaluation of the literature, see: Bryant, Paui, Daniel Linz, and Bradley Shafera (2000). SOCIAL SCIENTIFIC ATTEMPTS TO ASSESS NEGATIVE SECONDARY EFFECTS The body of social science research sponsored by the 1970 Presidential Commission on Obscenity and Pomography in the United States was the first systematic academic foray into the study of the affects of exposure to sexually expliat materials. Consistent with the more fiberal Court rulings in the 1960's, the commission concluded that there were no scientificaiiy demonstrated harmful effects of pornography and recommended legalization of all foRns of sexually explicit communication. During the 198Qs social science research testing feminist socio-legal theory examined pornography's effect on attitudes that justify violence towards women, undermine viewer sensifivity to female victims of rape and violence, and increase discriminatory behavior. The research has generally shown that exposure to violent pomography and other media depictions of violence against women increases viewer acceptance of violence toward women in other contexts and decreases sensitivity toward female victims of sexual violence. Four studies have been most frequently cited (and relied upon) to establish the extent of • negative secondary effects. These studies, designated by city are: Indianapolis, IN (1984),Phoenix, AZ (1979), Los Angeles, CA (1977), and St. Paul, MN (1978). These studies-haue-been�ited_as_evideace-o�thel�lationship.hetween adult_enter_tai�.ro�nt_ __ _ . . businesses and negative secondary effects by no less than 27 different municipalities (Bryant, et al, 2000). Among the studies, the St. Paut Minnesota (19781 work represents the most methodologically sound of all of the empirical research we reviewed. Ironically, given its widespread use as justification for passing regulations designed to combat secondary effects, the study does not claim to have found any support for the existence of a relationship befween sexually oriented adult entertainment businesses and negative secondary effects. The research examined all 76 census tracts within the St. Paul region. They compared all tracts containing adult entertainment establishmenis with all of those that did not. The study compared levels of neighborhood deterioration, determined by examining crime counts, housing values, and market and legal influences over the study period, for study and control areas and maintained a subsfiantial time lag between the first and second measures of deterioration. Changes in neighborhood climate between the first and second measures were considered reliable neighborhood changes rather than erratic fluctuations in social activity. 6 • ��g��' . • The siudy found no relationship between sexually oriented businesses and neighborhood deterioration. In fact, the study found that fhe only factor that was predi�tive of neighborhood sieterioration was whether an aicohol-serving esfablisfiment operated within the area. No relationship was found to e�dst between neighborhood deterioration and the presence of estabiishments that both served aicoholic beverages and offered live nude entertainment. The Los Anqeles. Califomia (19771 study is perhaps the most often incorrecfly referenced of any empirical research investigating the effects of adult oriented businesses on surrounding areas. Similar to the Minneapolis study, although this study is the third most relied upon piece of research cited for establishing the relationship between adult oriented businesses and negative sociai repercussions, the researchers did not find any significant support for such a connection. The first part of the study was based on the comparison of average property value changes for five study areas and four controi areas. Each of the five study areas was chosen because it contained a known cluster of adult entertainment businesses. The four control areas were chosen because of their proximity and supposed similarity to at least one of the study areas, and because they did not have an adult entertainment business operating within their borders. All of the study and control areas were in Hollywood, North Hollywood, or Studio City. • In this part of the study, the researchers reported that it was difficult to find any consistent increase or decrease in property values associated with adutt businesses. This result was based on comparisons that showed that while treatment and control -----areas-both-decreased-in_auerag�value,_there_was.a#ar.la�ger_de.aeasein_the_conir_o1___ _. __...______ (non-adult) area. Further, treatment (adult) areas increased in value by more than 400% over their comparable control {non-adult) areas. The researchers concluded that there is "...insufficient evidence to support the contention that concentrations of sex oriented businesses have been the primary cause of these patterns of change in assessed valuations between 1970 and 1976:' The second part of the Los Angeles study used survey results to establish that the public is strongly opposed to the operation of adult businesses. Importantly, the study did not obtain a random sample of respondents. Without adherence to this requirement, one cannot calculate an error rate and the reliability of the results cannot be determined. The third part of the study consisted of an examination of the crime and population statisfics for each of the census tracts containing clusters of adult entertainment businesses. Only tracts containing the clusters of adult businesses considered within the treatment areas for the first part of the study (discussed above) uvere considered. These data were then compared to those obtained from the census tracts containing each of the comparison control (non-adult) areas used in the first part of the study. Both sets of data were analyzed and compared over time in order to determine any significant � 7 �� differences conceming crime rates. The authors concluded that in general, there were • no significant differences in crime rates between the census tracts encompassing the treatrnent (aduft) and control (non-adult) areas The final part of the Los Angeles study involved a"special° police study of the areas of Hollywood containing clusters of adult entertainment businesses. However, the researchers failed to adhere to even the most basic and rudimentary professional standards by failing to attempt to make a comparison of crime statistics in these areas with those in comparable control (non-aduit) areas. In addi6on, the researchers admitted to a substantial change in police surveillance of the area under study which could introduce significant bias to the study. The findings of this part of the study suggested high levels of criminal activity within the studied dusters The Phoenix. Arizona (19791 study attempted to examine the relationship between adult entertainment businesses and local crime rates. This study claimed to find higher overall crime rates in study areas containing adult-oriented businesses compared to control areas containing no such businesses. The selection of treatment and control areas was problematic, as was the limited duration of the study period. Although tfie study findings suggested that overall crime rates were higher in each of the study areas than those for each matching control area, a composite index of "violent crimes," which included murder, robbery, assault, and rape, was also constructed. Each study (adult) area showed a Iower rate of violent crime (including rape) than their matched control (non- adult) area. In addition, the rate of child molesta6on was higher in the control (non-adult) areas than in the matched study (adult) areas. The results of the study offered, at best, • equivocal evidence of the relationship between crime rates and the opera6on of adult entertainment businesses. The fourth study, in Indianapolis. Indiana (1984) is probably the report most widely cited by municipalities as evidence of negative secondary effects. The overall study offered equivocal findings regarding the supposed relationship between adult businesses and negative secondary effects. More importantly, in a sub area analysis most relevant to the question of the relationship beiween adult businesses and secondary effects, lower rather than higher crime rates were found in all treatment (adult business) areas compared to control (no adult business) areas. The study contained reports of four separate analyses, each with significanf inethodological problems that undercut its reliability. The most striking example of this was a survey that asked a national sample of real estate appraisers who were not from Indianapolis to consider only a hypothetical scenario-conceming adult businesses in an unspecfied community. The Indianapolis report claimed to have found a substantially smaller increase in property values for the treatment areas rela6ve to the control areas. However, the researchers failed to match adequately treatment and control areas for this analysis. The analysis compared the average home mortgage value and average number of homes sold for the control and study areas discussed in the first study, as well as those for the center township area. The study reported that the average mortgage value for r1 �J , t� � - �s '� ._ i the controf areas and central township area increased by 77% and 56°/a respectively, while the treaiment areas saw only an average increase of 26%. However, vast differences in initiai mortgage values associated with the failure to properly match controi and study areas rendered the two areas far too dissimilar to be considered as suitable comparison groups. The next six most frequently referenced studies in descending order were reports produced by: Austin, TX (1986); St. Paul, MN (1987/1988); Amarilio, TX (197�; Detroit, MI (1972); Beaumont, TX (1982); and, Kent, Washington (1982). The Beaumont, TX (1982) and Detroit, MI (1972) studies are not empirical. The Beaumont study, for example, is mere{y a report prepared by the planning department of that municipality, suggesting a need for regulation of adult businesses. The remaining four reports failed to meet one or more of the four necessary criteria estabiished by the Court. The studies produced by Austin, TX (1986), St. Paul, MN (1987/1988), and Amarillo, TX (1977) all failed to compare neighborhood characteristics (crime rates or property values) for areas containing aduit entertainment businesses with confrol areas containing no such businesses. In addition, these three studies all failed to include measures of neighborhood characteristics over a sufficienf period of tirne; both prior to and following the establishment of aduit entertainment businesses. In the foliowing section, we survey academic studies of real estate appreciation that • meet the scientific criteria estabiished by the Court. Although these studies are not specifically designed to measure secondary effects associated with adult establishments, they provide theoreticai contributions and precedents that validate the use of the model proposed to measure secondary effects presented later in the paper. - -__ -- - - - - - - --- ----- - --_ -----_.. MEASUREMENT OF SECONDARY EFFECTS USING HOUSING PRICE MODELS Temporal and spatial effecfs compiicate the measurement of real estate appreciation. Heterogeneous temporal or spatial effects may violate basic assumptions typically required for unbiased and efficient estimation. Temporal effects include, for example, differential rates of obsolescence related to the age distribution of houses. Depreciation or obsolescence of the housing stock might occur at different rates related to housing characteristics at the beginning of the study period, the original value of the house, the specific ameni6es included in the housing package or other factors that are not accounted for in models that do not specifically account for intertemporal heterogeneity (Dombrow, Knight, and Sirmans 1997). Spatial effects that influence house price appreciation typically violate the assumption of statistical independence of observations. If we assume that real estate prices are interrelated, e.g. the price of a parcel is influenced by characteristics of nearby parcels, we have admitted non-independence of our obsenrations. Biased and inefficient parameter estimates will be obtained if spatia! segments do indeed exist and are not accounted for (Can 1990, Can and Megbolugbe 1997). �� 1 �w� �,v ��v �a �� Heterogeneous femporal or spatial responses to regiona! or national macroeconomic shocks also complicate empiricat measurement of house price appreciation (Goetzman and Spiegel 1397). This is particularly importaht if distinct submarkets exist within local real estate markets. National or regional recessions might lead to increased unemp►oyrnent or credit shortages that decrease demand differentially in different markets. Similariy, economic upfums wili affect demand differently in different submarkets. If real estate submarkefs are weil-defined spatially, macroeconomic shocks wili exhibit both temporal and spatial components. IVeighborhood (Submarket) Effects on House Price Changes In their study of neighborhood risk factors and local home price appreciation and volatility, Li and Rosenblatt (1997) use Fannie Mae/Freddie Mac and 1990 U.S. Census data with a repeat sates methodology to construct annual census tract level home price appreciafion in the Los Angeles-Long Beach, Oakland and Anaheim-Santa Ana PMSAs? Modeling house price movements in two periods, 1986-90, and 199Q-94, the authors find no consistent neighborhood effects across both periods and for all three metropolitan areas. Although, the authors conclude that their resuits show interesting evidence of distin�t housing market sectors, they caution that their findings do not demonstrate that relative neighborhood performance is predictable with regard to price appreciation and volatility. Archer, Gafzlaff, and Ling (1996) examine locational variation in the rates of price appreciation in Dade County (Miami), Florida, from 1971 to 1992. The authors rely on a generalizec! version of the standard repeat sales model to estimate annual house price -- -- -apprecia#ion-[n-eachsubmadcet�r.elati�e_to-overali_market appreciation.-Ct�e auihors find house price appreciation to be somewhat spatially related. They find that it varies by municipality, with distance from the central business disfrict, and with local (census tract) changes in population, housing units, and ethnic mix. However, the authors caution that the explanatory power of these relationships are not strong and conclude that the effects of tract group location is dominated by idiosyncratic influences. Using a large dafa set of repeat sales transactions in Montgomery County, PA., Crone and Voith (1999) examine the relationship beiween appreciation rates at the census tract level and the risk or uncertainty of that retum. The repeat sales methodo(ogy addresses the problem associated with differences in the timing of sales. However, the resultant measure of variability does not capture the risk associated with ditferences in appreciation within a tract for a given period. To address this problem, the authors 2 Li and Rosenblatt (1997) use nine neighborhood variables from the 1990 census to capture neighborhood risks fac[ors_ The authors limit fheir analysis fo census trads with at least ten transactions in each calendar year, 1986 to 1994 and with a minimum population of 1000 in 1990 to avoid unstable parameters. 10 • • � �l � � . . estimate their model in two ways. First, they take into account the actual timing of sales. They estimate countywide yearly apprecia6on rates. On the basis of#his es6mation, the authors frnd a great deal of varia6on from year to year in estimated appreciation rates, which suggests that differences in the timing of sales across tracfs could affect es6mated appreciation. Next, they construct yearly reai appreciafion rates for each tract. This allows them to address the problem that'rf a disproportionate share of sales in some census tracts occurs in periods of high real appreciation and the variation of appreciation rates is also higher in those periods, both the average appreciation and the standard deviation for those tracts wili be high. The authors find that, for most characteristics of dwelling or households, it is the variation within a census tract that will increase the uncertainty about the expected appreciation. Gyourko and Voith (1992) rely on error decomposition models to examine the relative importance of common national impacts and metropolitan area differences on price appreciation. The authors use time-series cross-sectional data on median existing home sales prices obtained from The WEFA Group. They construct four annual house price appreciation series by using the first quarter over first quarter levels, second quarter over second quarter levels, and so on. The authors have eighteen annual observations on price appreciation per local area beginning with 1971 and ending with the 89 period. The cross section is composed of observations on 56 of the largest MSAs. The authors find that the national economy strongly influences local housing markets, i.e., they find no city specific fixed effects in house appreciation rates over the study period. However, they • do find evidence of unequal persistence in appreciafion rates across MSAs, i.e., they find serial correlation in some local appreciation series. This suggests that there may be periods of local house price appreciation that diverge from national trends. -- ---Gatzlaff-and-klaurin_(�-99�)_estimate�.tbe bias when information_on_sold_pr.operties_is_used__ . . __ to estimate appreciation rates for the whole stock, even for those houses that are not transacted. Using data from Dade County, Florida (1971-1995), the authors find 3 significant bias in a house value index constructed using a repeat sales methodology. They find the bias highly correlated with economic conditions in general and changes in nonagricultural employment in particular. Meese and Wallace (1997) reach similar conclusions using dafa from Oakland and Freemont, Ca. The authors use median, hedonic, repeat sales, and hybrid house price index models 5 They find that appreciation rate5 estimated using the repeat sales methodology are not representative of all 3 For additional studies on bias and estimation concems regarding the use of repeat sales models see Kuo (1997); Steele and Goy (1977); Geltner (1997); Case, Pollakowski, and Wachter (1997); and Keil and Zabel (1997). 4 Although not tested by the authors, this bias is likely to vary by neighborhood (submarket) if population growth, consVuction activity, employment rates, and changes in per capita income differ significantly by neighborhood. S See Crone and Voith (1992) for another comparison of several house price models. � 11 ;�: � ,�: �, .� ;� ,� ^� ;�„ ,, transactions in the housing market. In addition, they also find that the characteristic . prices vary over time, �.e., they do not remain constant. A number of studies have found strong submarket (neighbofiood) effects. Can (1990) adapts Casett'r- (1972) expansion methodology to incorporate neighborhood extemalities into the traditionai hedonic housing price model. She uses 1990 data from the Columbus, Ohio MSA. Methodologically, the author finds that the models constructed using the expansion method, especially those that incorporate both spatial spillover effects and spatial parametric drifts, explain variations in ucban house prices better than the traditional hedonic price models. In addition, Can finds that houses in deteriorated, neighborhoods are raised simply if they are in proximity to higher prices housing, regardless of the structural attributes of the houses themselves. This corroborates the importance of addressing tfie issue of spatial dependence (spatial autocorrelation) in house appreciafion studies. Can (1996) examines the presence of spatial segmentation, or different house price structures, on the basis of geographic location. She confends that if neighborhood effects enter as direct determinants of housing prices, like a premium, then one can assume a uniform housing market under investigation, since there will be one price schedule. In contrast, if neighborhood differentials lead to varying attribute prices, then one can assume the presence of independent price schedules, thus the existence of a spatially segmented market. Within a cross-sectional framework, Can uses both spatial switching regressions and expansion methodology as means of incorporating spatial variability in house price models within a hedonic framework. Using date from 3770 • housing transacfions in the Miami MSA in the third quarter of 1990, Can finds evidence of market segmentafion. She finds that the spatial contextual expansion model with a -qrtadFatic—EreFld-h-as-the-best-predistFVe-powec --- -- — - - - - - -- --- Goeztmann and Spiegel (1997) use a distance-weighted repeat sales model to estimate apprecia6on at the zip code level in the San Francisco Bay area from 1980 to 1994. In addition to the traditional distant measures, the authors incorporate property characteristics and neighborhood socio-economic variables in the estimation of a generlized least-square model. They find that house price appreciation rates at the neighborhood level (zip code) vary substantially within the San Francisco metropolitan area. They also find that, when distance is defined in terms of socioeconomic characterisfics, median household income is the most important explanatory variable of the covariance of neighborhood housing retums. Overall, the authors conclude that using metropolitan area price indices is not appropriate to capture house price appreciation in a given neighbofiood. Can and Megbolugbe (1997) develop a house price index that addresses spatial autocorrelation problems. The authors use 1990 data from single family property sales in Dade County, Florida. They estimate and compare the traditional hedonic model with two alternafives appropriately corrected for spatial autocorrelation. They find that the corrected models result in better indices. 12 � • Finally, Quercia, McCarthy, Ryznar and Can (2000) devefop. a methodology to esfimate difFerences in house price appreciation for homes in "underserved" tracts in Dade County, F3orida. They es6mate three variants of spatio-temporal repeat sales models to show the differences in annual house price appreciation rates between parceis in underserved and non-underserved census tracts. To correct for spatial autocorrelation, they incorporate spatiai operators in their estimation. Accounting for spatial autocorrelafion of house prices addresses, at least in parf, tFie probiems noted by other researchers regarding submarkef effects. METHODOLOGY AND DATA in this paper we adopt the fixed-effects and "seemingly unrelated regression° expansion of the repeat sale methodology pioneered by Quercia, et al (2000) to estimate secondary effects associated with adult entertainment establishments. In this section, we describe this approach. We use this expanded repeat sales method to estimate annual housing appreciation rates for Mecklenburg County, NC (Charlotte metropolitan area) from 1975 to 1999. The model is then used to esfimate the impact of proximity to adult establishments on house price appreciation rates—a direct measure of secondary effects. There are three standard methods used in regresssion models for estimating models that • account for temporal variation in parameters. These are fixed effects models, random effects models and Seemingly Unrelated Regression (SUR) modeis. The main difference between the methods involves how the estimated parameters are allowed to vary over time. In fixed effects models, it is assumed that intertemporal variation in _. ' paramefecs is_.captur_ed_in the inte[cept.te[m. _In random. eff_ects_models,_either the__ _ estimated parameters are allowed to vary randomly over time, or the random component of the model (e.g. the residual) is decomposed into time-specific and individual components. in SUR models, a multiple equation spec�cation is used which allows separate parameters to be estimated for each time period. The error components of the equations are linked in the estimation process to account for the non-independence of the observa6ons. As mentioned above, repeat sales methods are designed to capture intertemporal variations in appreciation. Quercia, et al (Z000) show that the fixed effects and SUR models perform well in estimating differences in appreciation rates in underserved areas of Dade County, FL. Following Quercia, et al, we use these models to estimate secondary effects of the location of adult establishments on real estate price appreciation in Mecklenburg County. Methodological Approach If we assume that yearly appreciation rates predictions using the repeat sales method are unbiased and relatively efficient, then it is possible to analyze the prediction error for individual dwellings in the same way that residuals are decomposed in the random or � 13 ,� y, r �`� 4l ys. " ._, K fixed effects models mentioned above.s For this study, we need to account for spatial i variafion in appreciation rates once the time component is accounted for. Following Crone and Voith (1992), we es6mated the real yearly housing appreciation rafes for the entire sampie. This uses the standard approach derived from the growth identity: Pt - Po-k �rl � + PFi/ where: Pt = real market sale price of the house in year t Pc-� = real market previous sale price of the house in year t-k r; = the rate of price appreciation between years i and i-1 Taking the natural log of both sides and rearranging yields the estima6on equafion: IPr - �9372 /3, D� +e where: Ipr = the natural log of the ratio of the Iast sale price and the previous sale price, e.g. In(Pt/Pt_k) D; = a dummy variable taking the value 1 when i is between the sale years � As shown in Crone and Voith (1992), the estimated coefficients ((3;) wili equal In(1+r,). The annual appreciation rate is easily solved for: r, = e�; - 1. The Afixed effect@ variant can be estimated by incorporating variables to stratify the sample. For the purposes of this paper, we will stratify the sample according to whether they are in close proximity to adult entertainment establishments to see if appreciation rates Ashift@ across strata. The estimation equation is modified as follows: Zpr = E�3, /3� D; +Y,T; Di+E where: Ti ="Tarheel@ designation (=1 'rf parcel is c�ose to adult entertainment establishment) yi = the average shifit in appreciation rates associated with parcel designation in year i To fully account for spatial variation of house price appreciation, spatial operators were �'here are two underfying assumptions in repeat sales models: (1) semi-log fortn of the underlying hedonic regression, and (2) the same underiying hedonic coefficients from year to year. 14 � • • All sales prices were expressed in constant dollars using the CPI-U provided by the _______Bureau_otLabor_Siatisfics._Annuaf real_price appreciation (APA). between_sales is. expressed in annual terms using the following equafion: n — included in the estimation. This invoived calculating average annual house price apprecia6on for houses within a specfic distance of the house in question. For fhis study, we chose a distance of one kilometer. OperaSonalizing fhe Methodology We operationalize the estimation in five steps. These are: (1) idenfification of reaf estate parcels in clase proximity to aduft entertainment establishments, (2) computation of the spatiai operators, (3) estimation of the traditionai repeat sales modei, (4) estimation of the Afixed effect@ model parcel designation and the spatial operator; and, 5) joint estimation of fhe SUR model. Identifying parcels. Using tract-level data provided by Mecklenburg County we were able to identify the location of iwenty adult estabiishments. We then identified all parcels within various linear distances of the establishments. Computation of spatial operators. We computed the spatial operator as the average annual appreciation of units sold within one kilometer (km) of a given parcel.' The appreciation rate was computed for each individual parcel and then averaged for all homes within the specified distance (areas). Only parcels with at least two sales transac6ons during the study period were included in the estimation. Because the parcels in the sample had a wide distribution of periods befinreen sales, and because parcels had been bought and sold at difFerent times within the study period, it was necessary to express the average appreciation in annual real terms. � APA = [log(RP2/RP�)]/ (months between sales) where: RPZ = real price at time of second sale, and RP� = real price at time of first sale. All of the homes within the specified distance, calculated using a linear distance formula based on IQngitude and latitude coordinates, were determined for the entire sampie. The mean APA for these homes was then determined for each distance metric. Estimation of the traditional repeat sa/e modeL The traditional repeat sales model was estimated for all units in the sample. That is, we estimated: �That is about 0.621 of a mile. Results using O.5km and 3 km spatial operators were also estimated but are not reported in this paper. 15 o�-�o� Log Pz/P, = D1980 + D1973 +..: F F �1999 + e Spatial operators were added to the model. The results of this modei are presented in Table 2. Estimafion of the Afixed effects@ modeL To capture difFerent appreciation rates for parcels near aduit estabiishments the fixed effect modei is estimated. A set of variables based on the tract designation are added interactively to the repeat sales model. The T variabies capture the average annual shift in appreciation rates for parcels located within the designated distance of adult clubs. Spatial operators (SOd) are added to the model as well. That is, we estimated: Log PZ/P� = D; + T 'D; + SOa + e where: i= 1980, 1981..., 1999 X = parcel designation d = spatial operators (1 km) These estimates are presented in table 3. Estimation of the SUR model. To capture different dynamics in appreciation rates for parcels near aduit establishments the SUR model is estimafed. A two equation repeat sales model is estimated simultaneously, linking the equations through the error structure. The T variables capture the average annual shift in appreciation rates for parcels located within the designated distance of adult clubs. Spatial operators (SOd) are added to the model as well. That is, we estimated: _ . ._-- --------- ------- - — -- - - - - --- (equation 1) Log PZ/P� = D + SO + e1 (equation 2) Log PZ/P� = D; + SO� + e2 where: i = 1980, X = parcel designa6on d = spatial operator (1 1981..., 1999 km) These estimates are presented in tables 4. Dafa Three sources of data were included in the analysis: tax assessment informafion from Mecklenburg County, North Carolina; US Census data, and data from the Bureau of Labor Statistics. Tax assessment data include housing characteristics, housing locations and sale prices for all residences in the county. Only single family detached dwellings transacted twice between 1980 and 1999, and held a minimum of iwo years were included in the analysis. The final sample consists of 64,619, or about 25 percent of all dwellings in the couniy. It should be noted that, with regard fo sales transactions, only 16 � • � ��6��:� • information on the last two transactions were avaiiable. For instance, if a unit was sold in 1980, 1982, 1983, and 1998, only information on the 1983 and 1998_ transactions is available 8 Census tract level data include average socio-economic characteristics, racial/minority distribution of the population, and housing size and prices in the tract for 1990. This informafion is used to describe areas in which adult entertainment establishments are located. Data on consumer prices were obtained directly from the US Bureau of Labor Stafistics. Using the so-called Tiger files from the US Census, every properry was geo- coded and the corresponding census tract level data were matched to each property record. All nominai dollar values were deflated using the CPI-U. Ultimately, each record in the sample includes the most recent and previous sale price, the dates of the sales, parcel characteristics, and exact location. Parcel characteristics include living area, land area, number of bedrooms, number of baths, and age of the house. The location of the parcel is determined on several levels—census tract, nine- digit zip code, exact longitude and latitude coordinates of the structure, and the type of underserved tract (if any). Summary statistics for the sample are presented in Table 1. Table 1 presents key parcel characteristics in the sample. About 64,619 units are included in the sample. Of these units, 6,249 are located within 1 km of adult clubs and 25,264 are located within 3 km. • Overall, Table 1 indicates that transacted houses near adult clubs tend to be smaller than transacted houses in Mecklenburg county as a whole. Houses in close proximity to adult clubs are more likely to be older, smaller, and be located on smaller lots. This is expressed in-the..appraised-value_which_is considerably lovver ($102,277) than for_the sample as a whole ($148,557). Finally, units in underserved areas are transacted less often than units in general having a slightly Ionger duration of time between sales. ECONOMETRIC RESULTS Econometric results are presented in this section. First, we present the estimates of the traditional repeat sales model to provide a baseline measure (Table 2). These results incorporate spatial contral in the form of the one kilometer spatial operator. Next, we present the results of estimating the Afixed effect@ (Table 3) that allow us to capture both the tempora! and spatial dimension of house price appreciation. The fixed-effects mode! allows us to capture annual shifts in appreciation rates associated with proximity to adult establishments. Finally, the SUR model is estimated to show differences in annual appreciation rates over time for houses that are near to adult establishments and houses that are not near the establishments. B There is one exception to this rule. When the dataset lacked complete information on the transaction before last, the last transaction with complete information was used instead. � 17 � � �� 14 Tradtional Repeat Sales Estimation Estimates of annual inflation-adjusted appreciation rates from the traditional repeat sales model are presented in Table 2. They are also exhibited graphically in Chart1. The rates vary dramaticaily from year to year, with a high over 17% in 1982 and low below -9% in 1981. The intertemporai variation generaily corresponds with macroeconomic fluctuafions. Negative rates coincide with the recessions of the 1980s and the credit crunch of 1989-1991. Positive rates coincide wifh the more robust markets of the1990s. The parameter estimates in Table 4 are generally statistically robust as weli. More than half (13) of the 20 coefficients are statisticaily significantly non-zero at the .05 level 9 Fixed-Effects Model Analogous to the estimation of fixed effects models, the dummy variables designating whether a house is dase to an adult club were added interactively to the regression reported in Table 1. The estimated coefficients for the appreciation rates appear in column (2) of Table 2. Estimation of the efFect of proximity to the adult ciubs is presented in column 3. . In almost all of the 20 years under study, houses near adult clubs, exhibit distinctly different appreciation pattems from the overall sample. More narrowly, houses near the adult clubs appreciate at the same or higher rate in eleven of the twenty years. Houses • near adult clubs appreciate at lower rates in nine of twenty years. The price swings associated with proximity to the aduft clubs is startling. For example, in 1982 houses --appreciated-on-auerage-47.2%-less.-thanthe_sampleoverall. Similady,_houseprice��ose___ __ by 38.2% more than the overall sample in 1983. The 1980s were a far more turbulent time for housing investrnent in all cases, but it appears that the volatility of house prices in areas around adult clubs is magnitudes higher during this period. The appreciation pattems show more severe Aextreme events@ for housing near adult establishments than in the market as a whole. The same characteristic was exhibited by °underserved° tracts in Dade county from 1973- 1992 as shown in Quercia et al (2000). 9 1t is not clear whether staSsfical significance is directly relevant, given that real appreciation rates around zero are not unexpected. 18 � \j' " • SUR Model � � Results similar to the fixed effects model presented above are cevealed in the SUR model whose estimated appear in Table 4. Parameter estimates are presented in Chart 2. Flere the annual appreciation rates are estimated for houses close to adult ctubs and those not close to aduit clubs separately. As is readily apparent, fihe appreciation rates for homes near the clubs oiten exceed appreciation rates for homes further away. There is extreme volatility of house prices during the 1980s, especially for homes near adult clubs. Price movements settie down for all homes during the 90s when appreciation rates near aduit clubs generaity outperform those at greater distances. DISCUSSION The model developed and estimated here employs a widely used method for evaluating the perFormance of house prices. The repeat sales methodology is the method most wideiy used to evaluate cotlatera! values and expected appreciation by mortgage lenders and secondary markets. Automated underwriting and automated valuation models rely on repeat sales data to originate mortgages nationwide. The validiry of the modeling method has been established through peer-reviewed research published in leading housing research journais. The model is estimated using an extensive, publicly available data set. The data • captures all marketing activifij for properties in Mecklenburg County, North Carolina for two decades. Thus, the study presented here meets the requirements estabfished by the Court for admissibility of scientific evidence. ___._- _____._ T_h�estimatians_indicate_thatprice_appceciation rates. for housing. near_adult clubs are at least as high as those further away in eleven of the twenty study years. While average appreciation rates for the whole period were slightly lower for housing near clubs, this was attributable to astounding price declines in the recession of 1982 and the credit crunch of 1990. These extreme price movements are usually associated with market speculation and the finance needs on the demand side of the particular submarkets. For example, similar extreme price movements have been identified in low-income and minority housing submarkets in other studies previously discussed. One strength of the study is its comprehensive nature. Unlike other studies that have attempted to measure secondary effects by choosing matched pairs of locations within metropolitan areas, this study uses the entire metropolitan area as its study frame. Study controls are built into the statistical estimation method. So rather than having to defend the choice of treatrnent and control areas, the study establishes its own treatment and control groups using the entire metropolitan area as its sample. The results of the study are consistent with the empirical results of the oit-cited studies of negative secondary effects discussed above. In almost every study discussed, the secondary effects associated with adult establishments are inconclusive. However, this � 19 � � � ;:�, �. — ��,� �;, _ is a rather conservative reading of the results. One might make the argument that there • is evidence from the other studies, evidence that is validated in this study, thaf there are positive secondary effects associated with proximify to adult estab(ishments. While the existence of positive secondary effects might seem an absurd c(aim, an argument might be made that the loqtion of adult establishments is non-random. The non-randomness might be associated with the same non-randomness that leads to the location of other undesirable activities (for exampie, junkyards, mobile home parks, ofher noisy or dirty production activities) to areas with inexpensive properties. Low priced properties might provide higher than average retums, especiaily as urban sprawl or development limits make the areas more desirable development locations. CONCLUSIONS In this study, we examined spatiatemporal measurement of house price appreciation for housing located near adult entertainment clubs. We applied a Afixed effects@ and a ASURA variant of the repeat sales model to estimate the impact of location near a club. We also controlled for spatial autocorrelation using by incorporating a spatial operator in the estimation equations. Overall, we find that houses near adult clubs exhibit different annual price apprecation profiles than houses in the overall market. Similar to the findings of Quercia, et al (2000), who found high price volatility for housing in low income and high minority areas, • we find that housing near adutt clubs had high price volatility during the 1980s, after controlling for iemporal and spafial effects: l"his made the housing a riskier investment --- --aFld probably-led-to-speeulaUon-on-housing-in-thesesubmackets.during�h�period�- - ------- The study These findings should be taken with caution. First and foremost, there is no theoretical causal associa6on between housing prices and proximity to adult clubs. These results suggest that larger forces, e.g. macroeconomic swings, are at work determining the value of housing. Second, the repeat sales method for estimating ¢rice appreciation uses very little information on dwelling types or changes in dweltings to explain appreciation. However, the method presented here (adding controls for spatial effects interactively) is a simple and powerful way to measure the invesiment value of housing over time and across space. A hybrid hedonic price/repeat sales model might shed more light on other reasons for the variation in retums. These methods can be used to capture the effects of housing features and neighborhood characteristics on appreciation. It would be interesting to compare the results of the hedonic method versus the repeat sales method in a similar 20 � � ' G � . • Received March 28. 2005 �k�,�b � � � � �� :- EVALUATING ppTENTIAI, SECONDARY EFFECTS OF ADULT CABARETS AND VIDEOBOOKSTORES IN GREENSBORO: A STUDY OF CALLS FOR 3ERVICE TO THE POLICE � Daniel Linz* Professor of Communication, Law and Society Unaversity of California at Santa Bazbara Department of Communication Santa Bazbara, CA 93106 LinzCa�comm.ucsb.edu � U . Mike Yao Ph.D. Candidate - University of Galifomia at Barbara Departrnent of Communication Santa Barbaza, CA 93106 November 30, 2003 * Curriculum vita is attached hereto as Exlnfbit 2. Secondary EffecCs in San Diego 3 � � � SCIEN'I'IFICALLY VALID STUDIES OF SECONDARY EFFECTS � LTnfortunately, whea municipalities have conducted siudies of crime and adult businesses in the past there has not been a set of inethodological criteria or m;n;mum scientific standards to which the cities were required to adhere. Paul, Linz & Shafer, Govemment Regulation of "AdulY' Businesses Through Zoning and Anti-Nudity Ordinances: Debunldng the Legal Myth of Negative Secondary Effects, 6 Comm. L. & Pal'y 355 (2001), have azgued that, without such standards, most cities that have passed legislation aze relying on methodologically flawed research. The basic requirements for the acceptance of seientific evidence for legal decision- malang were prescribed by the Supreme Court in the 1993 case of Daubert v. Merrell Dow. In Daub Justice Blac�un, writing for the Court, held that there are certain limits on the � admissibility of scientific evidence offered by "expert witnesses" in federal courts. In an attempt to prevent proliferation in cou�oouis of wliat TInber has calle3 "junk sclence,'"the -— Supreme Court in Daubert opined that scientific Imowledge must be grounded "in the methods and procedises of science," and must be based on more than "subjective belief or unsupported speculation." Thus, the Court said, "the requirement that an expert's testimony pertain to 'scientific Imowledge' establishes a standard of evidentiary reliabilaty. The Court observed that "[i] n a case involving scientific evidence, evidentiary reliability will be based upon scientific validity.° Offering °'some general observations° as to how this connection can be made, the Court provided a list of factors that federal judges could consider in ruling on a proffer of expert • �` � . � , . Received Mazch 28, 2005 �X �, i b G � � � �� f�. � EVALUATING POTENTTAL SECOND�II2Y EFFECl'S OF ADULT CABARETS AND VIDEOBOOKSTORES IN GREENSBORO: A STUDY OF CALLS FOR SERVICE TO THE POLICE � Daniel Linz* Professor of Communication, I,aw and Society University of California at Santa Bazbara Deparhnent of Communication Santa Bazbara, CA 93106 Linz(�a,comm.ucsb. edv � � Mike Yao Ph.D. Candidate University of Galifomia at Barbara Deparmzent of Communication Santa Barbara, CA 93106 November 30, 2003 * Curriculum vita is attached hereto as Exhibit 2. — ;. °�: s �C l�. � 4�` r �— � (p ,, r' Secondary Effects in San Diego i Running Head: SECONDARY EFFECTS IN SAN DIEGO A Secondary Effects Study of Peep Show Establishments in San Diego, Califomia by Daniei Lin� Department of Commwucation and Law and Society Program University of California, Santa Bazbara linz ,comm.ucsb.edu Bryant Pavl Department of Telecommunications Indiana tiniversity bmQaulna,indianaedu , • • M�ce Yao Deparhnent of Communication University of California, Santa Bazbara zyao00Ccr�,umail.ucsb.edu Paper presented at the 2004 Society for the Scientific Study of Sexuality Westem Region Conference in San Diego, Califomia r �� r. X _ - Secondary Effects in San Diego Z � Abstract � �° 14� ii • • An empirical study was undertaken to test whether there is a greater incidence of crime in the vicinity of peep show establishments ia San Diego, Califomia than comparable "control" areas wluch do not contain peep show establishments, and to determine whether any secondary crime effects of peep show establishments in San Diego aze disproportionately greatet between the hours of 2 am. and 6 a.m. The city of San Diego was chosen for study because of a recenfly passed ordinance which makes it unlawfvl for any person to operate a`�eep show booth" or "peep show device" between the hours of 2:00 a.m. and 6:00 a.m. The city c�aimed that the ordinance was needed to fiuther a substantiai govemment interest in combating crime. "Calls for service" to the police within a 1000-foot azea i on either side of the peep show establishment {i.e., involving an uninterrupted 2000 foot wide azea) were compared to comparably sized conlrol areas. The levels of crime within a 1000-foot area on either side of peep show establishments during the 2a.m. to 6 am. hours of operation were also compazed to levels for the entire day. We - --- --- fouud neitfier evidence of differences in crime ]evels, nor any eviderice of disproportionately greater amounts of cri�e within the 2 a.m. to 6 a.m. time period. We conclude that this study constitutes evidence that the city of San Diego does not have a special problem with crime at the peep show establishments generally, nor is there a heightened problem vvith crime during the 2 a.m. to 6 a.m. period. 3 The teim "1000 foot area" is used as a shorthand raference here to descn'be the "inner areas" which included all addresses on bofl� sides of the sffeet within 1000 feet of the peepshow establishment Secondary Effects in San Diego 3 � � � SCIENTIF'ICALLY Vt1LID STUDIES OF SECONDARY EFFECTS Unfortunately, when municipalities have conducted studies of erime and adult businesses in the past there has not been a set of inethodological criteria or m;n;m� scientific standazds to which the cities were required to adhere. Paul, L,inz & Shafer, Government Regulation of "AdulY' Businesses Through Zoning and Anti-Nudity Ordinances: Debunldng the Legal Myth of Negative Secondary Effects, 6 Comm. L. & Pol'y 355 (2001), have azgued that, without such standards, most cities that have passed legislation aze relying on methodologically flawed research. The basic requirements for the acceptance of scientific evidence for legal decision- making were prescribed by the Supreme Court in the 1993 case of Daubert v. Merrell Dow. In Daub Justice BIackmun, writing for the Court, held that there are certain limits on the admissibility of scientific evidence offered by "expert wimesses" in federal courts. In an attempt [o prevent tlie proliferation in court�ooms of whafPeter Hnlier has called" "junk - Supreme Court in Daubert opined that scientific knowledge must be grounded "in the methods and procedures of science," and must be based on more than "subjective belief or unsupported speculation." Thus, the Court said, "the requirement that an expert's testimony pertain to 'scientific laiowledge' establishes a standard of evidentiary reliability. The Court observed that "[i] n a case involving scientific evidence, evidentiary reliability will be based upon scientific validity." Offering "some general observations" as to how this connection can be made, the Court provided a list of factors that federal judges could consider in ruling on a proffer of expert � � • � �.a � `+ Secondary Effects in San Diego 4 ' � ' u scientific testimony. (1.) Tlie "key question" is whether the theory or technique under scrutiny is testable, bosowing Karl Poppets notion of fatsifiability (2.) Although publication was not an absolute essential, the Court noted that peer review and publicarion increased "the 1�1cel�ood that substantive flaws in methodology will be detected;" �(3.) An error rate or estimate of the probability that empirical relationslups are due to cfiance should be caiculated; (4.) A�xerence to professional standards in using the technique in question; (5.) Finally, though not the sole or even the primary test, general acceptance couid "have a bearing on the inquiry.i In the present study, we specifically consider the impact of peep show establishments on • the occurrence of crimes reported to the police. We will limit our discussion of acceptable scientific procedures to those necessary to insure the proper implementation of such a crime study. Three criteria are crucial in insuring that a scientifically valid study of secondary crime effects has been conducted: First, in order to insure accurate and fair comparisons, a control azea must be selected that .. __ .___...—'___��— __ __ — ' ' _ _ . __.—.—._._____-_. ..`_ ___. . _ is truly eqnivalenY to Phe area contawing the adult entertamment busaness(es). Since most analyses of secondary effects attempt to uncover increases in crime, professional standards dictate that tfie controi (non-adult) areas must be comparable (matched) with the study (adult) azeas on variables related to crime. Of particular importance aze that the study and conirol areas aze matched for efhnicity and socioeconouuc sfatus of individuals in both areas. A concerted effort should also be made to include only comparison areas with similar real estate mazket characteristics such as proportion of commercial and indushial space in either area The study 2 Daubert v. Meirell Dow, 509 U.S. 579 Q993) (hereinafterDauben]. 3 Id. at 590 n. 9. ` See KARL POPPER, CONJECTURES AND REFTJTATTONS 37 (5 ed_ 1989) • 5 Id. at 593-594 �� a�� Secondary Effects in San I3iego 5 and control azeas shouid also be appro�mately equal in totat population. Finatty, because of the effect ofbusinesses that serve alcoholic�beverages on crime and neighborhood deterioration, the study and control azea should be matched on the presence of alcohol-serving establishments.� The reasons for these conoems are discussed laYer in this paper. In stmmmary, "quasi- experimental" studies employ a test goup or area and a matched control group or area The most important consideration in such a design is whether the comparison azea or conhrol area is well matched to the test area. Second, a sufficient period of elapsed time, following the estabiishment of an adult entertainment business, is necessary when compiling crime data in order to ensure that the study is not merely detecting an ematic pattern of sociat activity. Generally, the longer the time period for observation of the events under consideration, the more stable (and more valid) the estimates of the event's effects tend to be (cf. Singieton, Straits, & Straits, 1993, pp. 213-241). Third, the crune rate must be measured according to the same valid source of data for atl -_ — ---- - areas considered (Caaznpbell & Stanley,1963, p. 59). It is especially important that the measurement of crime is based on the same information source for both azeas and throughout the entire study period. For example, if the study area measures crime by the number and type of calls made to the police department, the comparison azea must also rely on such a meas¢re when the two azeas are compared. In addition, the crime information source must be factually valid and reliable, such as a daily log kept by police, or a compilation of the number of calls for service made in a b See Donald T. Campbell & 7ulian C. Staaley, Experimental and Quasicxperimental Designs for Research 34 (1963); Earl Babbie, The Practice of Social Research 240 (8" ed. 1989). � See e.g., City of St Paul, Minnesota, Neighborhood deteriornUOn and the location of adult entertainment establishmenu in St Paui. (1978). 8 See Royce A. Singleton, Jr. et al., Appmaches to Social Reseazch 136-51 (2d ed 1993). � • • �; ',� �� Secondary Effects in San I}iego 6 = ..; J • municipality recorded by street address or simiIar geographical locators. Any change in police surveiIlance techniques regarding adult entertainment businesses in a particular commimity must also be uoted. Obviously, increased surveillance of an area simply because an adult business is located there will have an impact on the amount of crime detected by the police. If increased police sarveillance aad the presence of an adult business in a particular area aze confouuded in this way, it is impossble to tell whether crime has increased due to the presence of the adult business or simply because of the increased police activity. Finally, an esor rate must be calculated. The error rate is the degree of chance a scientist will allow. In the social sciences, it is conventional to set the error rate at five percent or less (i.e., 95 times out of 100 the resuits could not be obtained by chance). Past studies claim to have found crime surrounding adult businesses but lack these • essentiai methododogical features. Paul et a1. found that among the three most frequently cited studies by communities across the United States for example, the Indianapotis, Indiana study (T9$fi) faile3 Co properly match sYddy and corifrol areas ori variables, the Phoeniz, Aiizona study (1979) relied on crime data coliected for only a one-year period, and the Los Angeles siudy (1977) authors admitted that the police stepped up surveillance of adult businesses during the study period. (A copy of the Paul et al. study is attached to the present report). The San Diego Studv—Hours of Operation Reshictions The site for the present study is San Diego, California. This study is undertaken utilizing �� proper, academically recognized methodological procedures. For each peep show 9 Bryant Paul, et al., Governmental Reeularion of"Adu1P' Businesses through Zonine and Anti-Nudity Ordinances: Debunlane the Leea] Myth ofNeeative Secondary E$ects, Communication Law & Policy, Vol. 6, No. 2, Spring, 2001 �� u.�` � Secondary Effects in San Diego � ��.-°,� - establishment in that communiry, a control area is compazed for criine events (over a period of • five years) using data on cri.me incidents reported to the police. The reseazch is designed to address the questions of whether — and the eartent to which — the peep show establishments contribute to community disorder—that is, increased crime in neighborhoods—compared to the control neighborhoods that do not have peep show estabfishments. The city of San Diego was chosen for study this because of a recentiy passed ordinance which makes it unlawful for any person to operate a"peep show booth" or "peep show device" between the hours of 2:00 a.m. and 6:00 a.m. The city claimed that the ordinance was �eeded to fiuther a substantial government interest in combating crime. As justification the city cited several studies done in other communities. We have critiqued many of the shxdies relied on by fhe city of San Diego--briefly above, and extensively in Paul et a1. None of these studies relied on by the city of San Diego specifically examined hours of operation. Court Decisions and Hours of Operation Restrictions • — T�sent study is in�rmedby rulings from lioth the Califomia State Supreme Court in People v. Glaze, 27 Cal. 3d 841, 166 Cal. Rptr. 859 (1980), and from the United States Supreme Court in the Citv of Los Angeles v. Alameda Books, Inc., 122 S.Ct. 1728 (2002). The Glaze case concemed the burden placed on municipalities for demonstrating that there aze negative secondary effects such as increased crime associated with certain hours of operation of adult businesses. The defendant was chazged with violation of a municipat 10 "Peep show establishment" means any place to which the public is permitted or invited which one or more peep show devices are maintained. `Peep show device" means any device, which displays still or movmg images, where aze distinguished or characterized by an emphasis on "spectfied saxual acrivicies" or "specified anatomical areas. " • SDMC section 333302. " See Paul et al., supra note 9. �, _ Secondary Effects in San Diego 8 �� :. i; €;; . ordinance requiring thax picture azcades remain closed between the hours of 2�m. and 9 a.m. The triat court ruled the ordinance.was not unconstitutional on its face. The Supreme Court of Califomia reversed. The court held that when an ordinance, not unifom�ly applicable to all commerciat enterprises, involves restrictions on activities protected by the first amendment, the govemment must bear the bisden of showing that ttts regulation is narrowly and explicifly drawn and necessary to further a legitimate government interest. The Court noted that the record before it failed to show either that criminal activity is particularly acute at picture azcades, or that it is prevalent between the hours 2 a.m. and 9 a.m. A compazable set of questions is addressed in the present study. Similarly, in Alameda Books, it is my understanding that Justice Kennedy's concurring opuuon represents the holding of the Court, and he stated, "a ... pmportional reduction does not • suffice." 122 S. Ct. at 1742. It is my understanding that under the Kennedy test in Alameda Books so-called time, place and manner restrictions aze not constitutional if the expected -- -- reduction of secondary effe`cfis no significanffy greafer than tfie expecte�. re3uction m expression. The Hypotheses to be Tested in San I7ie�o In the present study, then, we ask two questions and attempt to provide an empiricai answer to them for the city of San Diego. Specificatly we ask: 1. Is criminat activity in San Diego particularly acute at peep show establishments compared to surrounding control locations? 2. Is criminal activity in San Diego disproportionately greater at or near peep show establishments between the hours of 2 a.m. and 6 a.m. compared to other times of the • day? , .�„ ``,� i _ � METHODS Secondary Effects in San Diego 9 The present sCudy employs the methodological features essential for determ;n;ng if adult businesses are associated with adverse secondary effects. In order to insure accurate and fair comparisons, conh areas were selected that were equivalent to the azeas containing the peep show establishments. Second, a sufficient period of time — following the establishment of a peep show establishment -- was used when compiling crime data in order to ensure that the study is not inerely detecting an erratic pattem of social activi .ry. The crime information source is a factually valid compilation of the number of calls for police service made in the municipality recorded by street address or similar geographical locators. Finally, error rates are calculated for the statistics that are computed so that we may determine if any observed differences between cont�ol and comparison areas are reliabie differences or due merely to chance. The study proceeded in several steps. Dafa on calls for service were requested from the San Diego Police Department. Test azeas (inner azeas) were established and defined to consritute 7 on e�fher side oftfie�er poin� � each show es�aT>hs`fimenfin`San Diego -- (spanning a contiguous distance of 2000 feet). These areas were measured along the street on which each peep show establishment is located_ The width of each test azea was deteimined so as to ensure that all calls for service occurring within the 2000 feet test area, and associated specifically with the street on which the business in guestion operated, were included in our analysis. Control areas (outer areas) were established along that same street in the 1000-foot distance adjacent to these two immediate 1000-f�ot inner areas. There are nc adutt entertainment businesses of any type included in any of the control areas used in this study. T'he calls for service were then plotted using a computerized mapping program. All calls were plotted based • � C � • , .. _ .. Secondary Effects in San I7iego 10 on the Iongitude and latitude coordinates provided by the city's crimz analyst. Comparisons of the number of crime incidents were then made for the inner and outer azeas. Comparisons were also made for the number of crime incidents occ�sring between the hours of Z a.m. to 6 a.m. and those occurring throughout the entire 24 hours of the day. Compilin� a Crime Incident Database We initially requested the city to pmvide a record of all calls for service for a five-year � C� period for the entire city of San Diego. The city's data anatyst would not provide ftris amount of data. She indicated we needed to narrow our request to the geographical areas constituting "beats" as defined by the San Diego Police Depaz1ment. We then requested a record of all calls for service for each beat that inclnded within it cne or �ore of the city's 39 various aduit entertainment businesses, or which included any areas within 2000 feet of such businesses. A copy of the list of beats provided to us by the City may be obtained from the authors. Aithough the city has 39 adult entertainment businesses, only 19 of those businesses are peep show esfablishments. Accordingly, for puiposes of this sfudy, we only analyzed the data tied to these 19 peep show establishment locations. A list of the names and addresses of the 19 peep show establishments included in the study is as follows: Midnite Books Hillcrest, 1407 University Midnite Books Midway, 3606 IvYidway Midnite Books Gaslamp, 836 Fifth Av. Midnite Books Ei Cajon Bivd., 4790 The Crypt, 4094 30th St. [Mercury] Adult Books, 8081 Balboa [Mercury] Adult Books, 7435 Clairemont Mesa Adult World, 3574 University Avenue "F" Street Horton Plaza, 751 Fourth St. � Again, the inner azeas included all addresses on both sides of the street within 1000 feet of the peepshow establishment. : - �� _ , ;,-�`'„ . .� "F" Street North Park, 2004 University "F" Street Keamy Mesa, 7865 Balboa "F" Street Mira Mesa, 7998 Miramaz "F" Sheet Sports Arena, 3112 Midway "F" Street Pacific Beach, 4626 Albuquerque "F" Street San Ysidro, 4650 Border Village Gemini Books, 5265 University Adult Depot, 3489 Kum Adult Superstore, 3610 Barnett Jolaz Cinema, 6321 University Secondary Effects in San Diego 11 Again, we had requested the city to produce data for all service calls for alleged crimes occwring within the specified areas. The City informed us that its CAD database was the only place it kept �ack of service calls for crimes by category, and it was giving us all of the data for all the crime servic�calls kept in its CAD database. The City then produced what it stated was a list of all crimes tracked in its CAD database. A copy of the list provided to us by the City may be obtained from the authors. - - We-seeeived-€rom the city a database wi�h five years of Computer Aided-Dispatck(EAD) data (January, 1997 through December, 2001) including: i) incident date and time, 2) incident type, 3) disposition, 4) incident addresses and 5) XY coordinates for each of the beats. The neighborhoods surrounding the peep show establishments constituted the geograpIucat area of the database for this study. The following process was used: First, the San Diego Police Department (SDPD or "DepartmenY') managing analyst researched the crime incident categories to make sure all applicable SDPD call types were included in the data retrieval. Second, city analysts determined wluch of the DepartmenYs beats were associated with the requested locations (including the • \ J • 0�_� O�� Secondary Effects in San Diego 12 �, r 2,000 foot area on either side of each establishment). Third, a query was written to retrieve the data and then a download was performed to place it into a database format. It was suggested by the city Geographic Information System ("GIS") expert within the San Diego PoIice Department that the research on the requested locations should include geo- validation utilizing parcel data to ens�e that the points used for the radius were placed accurately_ This proved impossible since the pazcel data available through the city's GIS does not include the level of detail required for this type of validation. To overcome any problems associated with the inexact spatial placement of the points representing the addresses and the fact that the city's GIS base maps aze only accurate to +(- 40 feet at a 95% confidence level, a 1,040 foot radius (instead of a 1,000 foot radius) was placed arovnd locations to determine which beats needed to be included in the data set. • Additionally, since 1997 there have been several changes related to beat boundaries and numbering of beats. The data was extracted to include all appropriate calls, carefully taking into --- -- - - - -- account changes m structure oi boun�anes over time. The XI' coordinates provided by the Department are in the Stateplane NAD 83 (Califomia Zone Vn coordinate system. These coordinates provide a more precise location of the globat position of the location of the call for service. The resulting data extract included 607,903 calls-for-service records from the San Diego Police DeparhnenYs CAD system. These records were used in the present study. Establisivn� Test and Control Areas We opted for an approach that examined areas sutrounding adult businesses in a linear fashion, along city streets because of the arrangement of commercial proper[y in San Diego. As � is common throughout California, the commerci�l zones routinely foilow ma:n streets or ships. � �1 Secondary Effects in San Diego 13 Specifically, we established a 1000-foot zone on either side of the center point of each peep show establishment along the street on wluch it was located. We then extended anofher 1000-foot length on either side of this initial azea and deemed these azeas comgarison or control areas_ In this manner, the control azeas and study areas were of equai size. The additional advantage to using such an area as a control is that it also contains nearly identical neighborhood chazacteristics as the test area. T'his renders the two areas completely comparable on most dimensions aside for the presence of a peep show establishment. The GIS mapping program Maptitude was used to establish the 1000-foot strip on either side of the peep show location ("ianer azea") and to establish an additional 1000 foot area on each side beyond the initial "inne�' azea We w�7e then able to compare the crime incidents occiaring within the two "inne�' 1000.foot azeas with the incidents in the two "outer" 1000 feet areas. Figure 1 is an example of the placement of the two inner 1000-foot and two outer 1000- foot azeas siurounding the peep show establishment addresses. --- — -- - - - Et�SUI, S In the present study we ask two questions posed by the Glaze and Alameda decisions and attempt to provide empirical answers, based on call-for-service data obtained from the City of San Diego Police Deparhnent. Specifically, we ask: I) is �m;nal activity particularly acute at peep show establishments compared to sutrounding control azeas? And, 2) Is c:rim;nal activity around peep show establishments disproportionately greater between the hours of 2 a.m. and 6 a.m. compazed to other times of the da� Estimatin¢ Snatial Dependencv A particular challenge associated with geo-coded crime data is the issue of spatiai � • dependency. Criminologists have always noticed that crime occurrences in a neighborhood aze • �� j� �°') � Secondary Effects in San Diego 14 d . � � � not independent from each other (Morenoff, Sampson, & Raudenbush, 2001; Smith, Frazee, & Davison, 2000). Thus, statistical models often used in rri*ninology research, such as an Ordinary Least Square (OLS) regression, with data that have geographic units of analysis may violate the assumption of independence. Statisfical errors are likely to be correlated across locations because of systematic ordering across spatial units of analysis, such as street blocks or census tracts (Smith, Frazee, & Davison, 2000). Tn the present study, spatial dependence can be understood as the fact that the crime events in the inner azea are related and influenced by crime events in the adjacent outer area for each peep show locations. Several tecluriques have been developed to estimate spatial dependence (Morenoff, r Saznpson, & Raudenbush, 2001). The two frequently used forms of spatial dependence models aze the spatial lag model and the spatiai error model (Anselin, 1988). In the present study we utilized the spatial lag model to control for the influence of spatial dependency. The spatial lag model can be expressed by the following equation: Y = p�'y -1- X�i }E. where y is an N x I vector of observations on a dependent variable taken at each of N locations, p is the spatial dependence coefficient, Wy an N x I vector composed of elements of the spatial lags for the dependent variable (i.e., the product of VJ and y, where W is a N x N covariance matrix of the spatial dependency among each locations), X is an N x k mahilc of exogenous variables, (3 is an k x 1 vector of pazameters, and e is an vector of error. Is Criminal Activitv Particularlv Acute at or Near San Die�o Peep Show Establishments Compazed to Surroundin¢ Controi Locations? In order to address this question we compare the calls for service to the police for the • "inner" and "oute�' azeas surrounding the peep show establishments. If crime were a special ��" �� Secondary Effects in San Diego 15 problem in areas suaounding the peep show establishments this should manifest itsetf as a consistenfly greater amount of crime in the inner azeas than ia the outer areas. Table 1 presents the results of the compazison of crime events. As can be seen from the table, the amount of crime within the inner and outer azeas is nearly identicat. For 10 of the peep show locations, crime incidents are hi her in the inner 1000-fooY areas than in the outer areas. For nine ofthe locations, crime is lower in the inner azeas compazed to the outer areas. This result is nearly identical to what would be expected by chance--fifty percent higher, fifty percent lower—and does not conform to the idea that peep show establishments are an acute source of crime. In ordet to further probe this apparent null finding, a series of statisticai tests were conducted. First employed the Mann-Whitriey U ranking Test, a non-paramehic statistical procedure that test the notion that two sample populations aze equivalent in location or origin. The resuits were: Mann-Wluhiey U= 180.00, mean rank inner 19.53, mean rank outer 19.47, z= -:O T5, p=:988: The resnit§ of this test indicate fhat ttiere is no difference lietween t�ie inner and outer azeas in their call-for-service frequencies. We then ran a two sample t-test on the mean levels of calls for service for the inner and outer azeas (mean = 1552.6 for inner azeas versus mean =1342.2 for outer areas), t=.629. df = 36, p=.533. To account for the possible spafiiai dependence between the inner and outer areas azound each peep show locations, a sequent regression analysis was conducted. We employed a regression model using crime rates observed in the inner and outer zones surrounding peep show locations was used as the dependent variable in an OLS regression model. A spatial Iag term was intcoduced to the regression model before the inner/outer � � • �/��, Secondary Effects in San Diego 16 f�;' 1 � z` •: . E.: t � • condition was entered to conirol for spatial dependency. The idea is to remove the extraneous variance associated with spatial dependence before the main hypothesis is tested. In fhe present study, we ac�c,�**+ed that the inner and outer 1000ft azeas sutrounding each peep show location are spatially interdependent of each other. We assigned an arbihary weight of .50 to account for this dependence. We also assumed that the entire 2000ft area around each peeg show location is independent from the ZOOOft areas around other peep show locations. The overall regression model is accurate, F(2, 35} =11.92, Q<.001. The spatial dependency term successfully explained almost 36% of variance in the dependent variable �_ 359). However, the inner and outer areas did not add any significant contribution to the overdll predictive power of our model, F(1, 35) = 1.684, p=.203. Overail, the results of these analyses suggest that atthough police activities in a given azea � is significanfly related to police activities in areas nearby, peep show establishments were not a significant predictor of these activities in San Diego. �en f�ough we �und t.l�iaf crime was jusf as likely to occur in�ie azeas as in fhe -- outer azeas, as a further check that the azeas surrounding the peep show establishments were not a special source of concem, we conducted an additional "hotspot" analysis. This analysis would allow us to pinpoint the exact source of the crimes. The anatyses commenced by looldng at the ten "inner" azeas where ttaere was a greater amount of crime than in the control "oute�" areas. Within each of these ten inner areas, we then identified the 15 street addresses that had the greatest individual number of calls for service. We reasoned that if the primary source of crime events is the peep show establishment, the street address for that business should appear at the top of this list as the highest-ranldng "hotspot " CJ �� ,�, �> � �� e Secondary Effects in San Diego 17 Tables 2a tfirough 2j present the results of the crime "hotspots" analyses. As can be seen firom the tables, in no case is the peep show establishment among the most frequenfly listed locations for crime incidents. In fact, for five of the ten "Inner" areas, the peep show establishment is not even among the top 15 addresses most frequenfly brought to the police's attention through cails for service (see tables 2a,b,f,g, and h). In the one instance where a peep show establishmznt does appear at the number 3location among the top fifteen street addresses, that peep show establishment had an average of less than one incident �er vear at its street address (see Table 2j). Additionally, in no instance does the number of calls for service at any of the peep show establishments approach the frequencies of the top hotspot street addresses witlun the inner areas. In s�mary, the results do not show that criminal acrivity is particularly acute at peep show establishments compared to surrotmding control areas. In fact, the peep show establishment sites appear to be among the least frequenfly listed street addresses coming to the - poTice's aftention. -- ---- Is Criminal Activitv At or Near Peep Show Fstablishments in San Die2o Disnroportionately Crreater Beiween the Hours of 2 am_ and 6 am. Compared to Other Times of tfie Dav? We devised three ways of answering this question. First, we ask: Is the number of cails for service greater than we would expect for the number of hours comprising the day? Table 3 shows the results of analyses of the calls for service between the hoiu�s of 2 a.m. and 6 am. and a comparison of the frequency of these calls to the entire 24 hour period. If calls were distributed equally across the day approximately 16.66 percent of those calls would be expected in the four- hour period from 2 a�m. to 6 a.m. If crime were a particularly acute pmblem at this time of day, • � • Secondary Effects in San I7iego 18 i we would expect to see more than approximately 16 percent of the total criminal acSivity . . .. . . .. .. .... f , �- _ i-. �� ,� As can be seen from the table, fhere is not only no indication of a disproportionately high number of crimes during that period, but substantially fewer crimes than would be expected. On average, Table 3 shows only 12 percent of crime events are occmm�g in the "inne�' azeas dising the 2 a.m. to 6 a.m. period contrary to the expectation of 16.6 percent This indicates that criminal activity is not disproportionately gre� in the areas sturounding the peep show establisiunents during these hours. In fact, the study data shows that r*,m;na1 activity at peep show establishments in San Diego is proportionately less during the 2 am. to 6 a.m. time period. Second, we ask: How does this hours-based data compare to comparable d�ta from the control azeas? We considered that perhaps the 1 I percent, while not pmportional to the number � of hotus in the day (16.66%) is a greater amount than would be found 'an outer areas during this same four hour time period. In order to examine this possibility, we examined the total number _ -- - - of ca11s for service in the control (outer) areas for the period 2 a.m. to 6 am. and compazed these to the entire 24-hour period. If the proportion of calls for service in the outer areas were lower than the 11 percent we found for the areas immediately surmunding Yhe peep show establishments, it may indicate that there is a geater late-night problem around the peep show establishments than in the comparable control areas. Table 4 presents the results of these analyses. These analyses show that, in fact, the percentage in the outer azeas is 10.6, nearly exactly the 11 percent figure found for the inner areas immediately surrounding the peep show establishments. There is no indication from the data that criminal activity is prevalent (or proportionately greater) at or near peepshow establishments u �,�_ ,�� ,� . �< �, Secondazy Effects in San I}iego 19 between the hours of 2 am. and 6 a_m. compared to other times of the day, or compazed to control areas during the same time period" The third step in this phase of the analysis was to compaze the inner areas and the outer areas using onIy those calls for service that occurred between 2 am. and 6 am. Table 5 shows the results of these analyses. As can be seen from the table, the same general pattem arises during the late night 4hour period as when we examined crime incidents for the entire 24hour period (see table 1). There is a nearly identical percentage of crime occurring in the inner areas as compazed to the outer areas. This is indicated by the average ratio of inner to outer, which is very close to 1.00. As further confirmation a statisticai test was performed. The res�ilts of the test were: Mann-Whihiey U= 176.00, mean ranks, inner = 19.74, outer = 19.26, z=-.131. Tfie results of this test indicate that there is no difference between ffie inner and outer azeas in their call-for-service frequencies between the hours of 2 am. and 6 am. We then ran a statistical test on the mean levels of calls for service between 2 a.m. and 6 a.m. for the inner and outer areas _ -- - - -- �mean = T89:7 aiea"s versus mean – I47:3 for outer azeas), t=.876_ df= 36, p= 387. This is a statistically nonsignificant result and therefore must be interpreted as meaning that there is no significant difference beriveen these rivo av±rages—an indication that the level of c-�min� activity for the inner area is equal to the level of criminal activity for the outer area between 2 .�� ..�. Despite this lack of an overall indication of criminal activity at peep show establishments, the authors wondered if there were perhaps certain "hotspots" of criminal activity associated with peep shows during the hours of 2 am. to 6 a.m. A crime "hotspoY' analysis was undertaken to determine if the peep show establishments were associated with more crime than other aeazby � � addresses within the immediate two 1000 foot "innei" azeas. The ten locations that had more • r .. Secondary Effects in San Diego 20 ` _ - ir _. r� LJ crime in the inner t�an outer azeas were identified and we conducted a"hotspoY' analysis within those ten areas_ Tables 6 a j display the results ofthese analyses for crime incidents occ�uxing during the 2 a.m. to b a.m. period. As can be seen from the tables, in none of fhe locations is the peep show establishment the primary source of crime activity. SUNIMARY AND CONCLUSIONS In the present study we asked iwo questions and attempted to provide an empirical answer to them for the city of San Diego. Specifically we asked: 1) is criminat activity particulazly acute at or near peep show establishments compazed to surrounding control locations? 2) Is ' inal activity disproportionately greater at or near peep show establishments in San Diego between the hours of 2 a.m. and 6 a.m. compared to other times of the da}t? The resuits of this siudy do not show that criminal activity is parkicularly acute at or near � peep show establishments compazed to surrounding control locations. In fact, the peep show establishment sites appear to be among the least frequent addresses coming to the police's ------- --- altenY'r6n. — Further, - tlse d��Ca showezi s�indica�tio� of dispfop6itionately greater criminai activity --- -- -- near peep show establishments in San Diego between the hours of 2 a.m. and 6 a.m. compared to other times of the day or compazed to otfier locations. C � � ; F Q�-L References Secondary Effects in San Diego 21 Anselin, L. (1988). Spatial economeri-ics: Nlethods and models. Dordrecht: Kluwer Academic. � Morenoff, 7. D_, Sampson, R J., & Raudenbush, S. W. (2001). Neighborhood inequaliry, coIlectiva efficacy, and the spatial dynamics of urbazx violence. Criminology, 29, 517-559. Smith, W. R., Frazee, S. G., & Davison, E. D. (2000). Furthering the integration of routine activity and social theories: Small units of analysis and the study of street robbery as a diffusion process. Criminology, 38, � � • .� Q�`�0�, Secondary Effects in San Diego 22 • Table l. Total calls for service for inner and outer 1000-ft. azeas suirounding peep show establishments in San Diego. Street address Midnite Books Hillcrest, 1407 University Midnite Books Midway, 3606 Midway D Midnite Books Gaslamp, 836 Fifth Ave. Midnite Books El Cajon BIvd., 4790 The Crypt, 4094 30th Street [Mercury] Aduit Books, 8081 Balboa [Mercury] Adult Books , 7435 CIaire Adutt World, 3574 University Avenue "F" Street Horton Plaza, 751 Fourth St "F" Sireet North Park, 2004 University "F" Street Kearny Mesa, 7865 Balboa "F" Street Mira Mesa, 7998 Miramaz � "F" Street Sports Arena, 3112 Midway "F" Street Pacific Beach, 4626 Albuquerque "F" Street San Ysidro, 4650 Border Gemini Books; 5265 Avenue Adutt Depot, 3489 Kurtz Street Adult Superstore, 3610 Bamett Avenue Jolar Cinema, 6321 University Avenue AVERAGES Total inner area calls for service 2551 1421 3444 2552 1930 419 1182 2120 5328 1372 726 306 1221 926 1068 1424 423 332 755 1552.63 Total outer azea calls for service 2123 1591 1569 2571 1780 540 941 2099 2304 1907 558 451 549 681 1733 — 2125 _ 605 216 1157 1342.15 Ratio of irmer to outer area calls for service* i _20 0.89 2.19 0.99 1.08 0.77 1.25 1.01 231 0.71 130 0.67 2.22 1.35 0.61 - -- 0:66 — — 0.69 1.53 0.65 1.16 *Ratios greater than 1 indicate more calls for service in the 1000 foot azeas immediately on either side of the peep show establishments than in the adjacent 1000 foot areas. Ratios below I indicate more calls for service in the adjacent azeas. • ��_�� Secondary Effects in San Diego 23 Table 2a Crime incident "hotspoY' analysis for "F" Street Sports Arena, 3112. Midway Drive* "F" Street Sports Arena, 3112 Midway Drive 3445 NIIDWAY DR 3602 MIDWAY DR 36001V�WAY DR 3434 N�WAY DR "'' , 36191VIIDWAY DR 3666 MIDWAY DR 3606 NIIDWAY DR 3609 MIDWAY DR 3747 N�WAY DR 3615 MIDWAY DR 3645 MIDWAY DR 3695 MIDVJAY DR 35771�WAY DR 3545 MIDWAY DR 36391VIIDWAY DR Total C.'rime Incidents 102 85 80 65 61 55 52 51 42 37 36 35 32 27 27 *Peep show establishment is not among the top crime hotspots. Table 2b. Crime incident "hotspoY' analysis for Midnite Books Hillcrest-1407 University Ave.* Midnite Books Hillcrest-1407 University Ave 1602 i)NIVERSTTY_ AV _...- - - -- 1414 UNIVERSTTY AV (no specific address} UNIVERSTTI' AV 1417 [JNIVERSTTY AV 1751 UNIVERSTTY AV 1274I7NIVERSTTY AV 1255 UNIVERSITY AV 1279 UNIVERSITY AV 1295 UNNERSITY AV 1200 UNIVERSITY AV 1400 UNNERSITY AV 1483 UNIVERSIT'Y AV 1220 UNIVERSITY AV 1290 LTNIVERSITY AV 1240 UNIVERSITY AV Total Crime Incidents - 157. - - 133 127 71 59 56 51 51 44 40 38 38 34 34 34 * Peep show establishment is not among the top crime hotspots. . � Table 2c. Crime incident "hotspoY' analysis for "Adult World," 3574 University Avenue. • p � - F: �' • Adult World, 3574 University Avenue 359fi UNNERSITY AV 3605 LTNNERSTTY AV LJNIVERSITY AV 3600 UNIVERSITY AV 3652 LTNNEI2,SIT'Y AV 3694 UNIVERSITY AV 3525 i3NNERSTfY AV 3636 UNNERSTTY AV 4045 CF�ROKEE AV 3659 UNIVERSTTY AV 3701 UNIVERSTTY AV 3574 UNlVERSTTY AV 3515 LTNIVERSTTY AV 3610 UNIVERSITY AV 3581 UNNERSTTY AV 3704 UNIVERSITY AV � Secondary Effects in San I3iego 24 Total Crime Incidents 98 94 60 52 50 44 44 40 38 38 34 34 31 29 27 26 Table 2d. Crime incident "hotspoY' analysis for 4094 30th street, "The Crypt " � 4094 30th street, The Crypt (no specific address given) 30TH ST 3959 30TH ST 4145 30TFI ST ------- - ----- -- - - 4194 30TH ST 4094 30T'H ST 4009 30TH ST 4012 30TH ST 4095 30TH ST 4225 30TH ST 4007 30TH ST 4000 30TH ST 4046 30TH ST 3956 30TH ST 3985 30TH ST 4111 30TH ST 4040 30TH ST 4I23 30TA ST Total Crime Incidents 316 1S4 124 _ 77 . .. -- 73 43 39 3b 34 31 31 30 30 29 26 26 24 Tabie 2e. Crime incident "hotspoY' analysis for "Mercury Adult Books," 7435 Clairemont Mesa Blvd. • 0 5 — c� 0 �? [Mercuryj Adult Books , 7435 Clairemont Mesa Bl 7655 CLAIKEMONT MESA BL � 7420 CI.AIREMONT MESA BL 7585 CLAIIZEMONT MESA BL '� 7330 CLAIREMONT MESA BL 7303 CI,AIREMONT MESA BL 7380 CLAIItEMONT MESA BL 7450 CLAIREMONT MESA BL 7512 Ci ATRF.MONT l�IESA BL 7305 CLAIREMONT MESA BL 75I0 CLAIltEMONT MESA BL 7311 CLAIKEMONT MESA BL 7515 CLAIF2EMONT MESA BL (no specific address given) CLAIREMONT MESA BL 7435 CLAIItEMONT MESA BL 7398 CLAIIZEMONT MESA BL 7528 CLAIItEMON'I' MESA BL Secondazy Effects in San Diego 25 Total Gxime Incidents 104 93 71 68 58 41F 40 40 35 3I 26 24 22 20 20 20 Table 2f. Crime incident "hotspoY' analysis for "F" Street Horton Piaza, 751 Fourth Avenue.* "F" Street Horton Plaza, 751 Fourth Ave (no specific address given) 04TH AV 720 04TH AV 1037 04TH AV _ 9f�"64THAV -- - -- — - 800 04TH AV 801 04TH AV 827 04TH AV 851 04TH AV 945 04TH AV 500 04TH AV 551 04TH AV 901 04TH AV 555 04TH AV 808 04TH AV 708 04TH AV 900 04TH AV Total Crime Incidents 1270 428 415 I51 -- - - 131 82 73 69 63 62 61 57 55 53 49 44 * Peep show establishment is not among the top crime hotspots. Table 2g. Crime incident "hotspoY' analysis for E36 5�' ave-"Midnight books gaslamp."* . � 836 5�' ave-"Midnight books gaslamp" Total Crime Incidents • ; Q�-�nr .�� Secondary Effects in San I7iego 26 (no specific addrzss given) OSTH AV 2029 • 600 OSTH AV _ 259 700 OSTH AV 231 800 OSTFi AV 156 835 OSTH AV 116 743 OSTH AV 69 900 OSTH AV 63 755 OSTH AV 59 953 OST'H AV 56 945 OSTH AV 55 633 OSTH AV 52 701 OSTH AV 51 933 OSTH AV 49 748 OSTH AV 48 728 OSTH AV 45 657 OSTFi AV 43 *Peep show establishment is not among the top crime hotspots. Table 2h. Crime incident "hotspoY' analysis for "F" Street Keamy Mesa, 7865 Balboa.* "F" Street Keamy Mesa, 7865 Balboa (no specific address given) BALBOA AV ,� 8010 BALBOA AV 7993 BALBOA AV 8039 BALBOA AV 7903 BALBOA AV 79�5BALBOA AV 7807 BALBOA AV 7905 BALBOA AV 7853 BALBOA AV 7827 BALBOA AV 7865 BALBOA AV 7860 BALBOA AV 7978 BALBOA AV 7959 BALBOA AV 7786 BALBOA AV 7767 BALBOA AV Total Crime Incidents 98 67 62 46 37 31 25 23 22 21 19 17 IS 14 14 14 * Peep show establishment is not among the top crime hotspots. • 05—�nc� � Secondary Effects in San IYiego 27 Table 2i. Crime incident "hotspot" analysis fof`F" Street Pacific Beach, 4626 Albuquerque street. ` "F" Street Pacific Beach, 4626 Albuquerque st (no specific address given} GARNET AV 2805 GARNBT AV 2780 GARNET AV 2904 DAMON AV ' 2910 DAMON AV 28U4 GARNET AV (no specific address given) DAMON AV 4595 MISSION BAY DR 4780 MISSION BAY DR 4570 MISSION BAY DR 2922 DAMON AV 4620 MISSION BAY DR 2974 GARNET AV 4610 DE SOTO ST 4711 MISSION SAY DR 2724 GARNET AV 4626 ALBUQUERQUE ST Total Crime Incidents 251 114 78 63 55 52 48 47 47 46 36 36 33 32 29 29 29 • � Table 2j. Crime incident "hotspoY' analysis for 3610 Bamett Ave. "Adult Superstore." 3610 Barnett Ave. Adult Superstore (no specific address given) BARNETT AV 3546 BARNETT AV 3610 BARNETT AV 3500 BARNETT AV 3528 BAR2�TET`f AV 3518 BARNETT AV 3528 BARNETT AV 3546 BARNETT AV only 8 addresses on Barnet found Total Crime Incidents 46 7 4 4 1 1 1 1 • • � � o ��U � Secondary Effects in San Diego 28 Table 3. Calls for seivice for inner L000 ft. areas sutroimding peep show establishments in San I?iego between the houis of 2am. aiid 6 a.m. as a proportion of t}le entire 24-hour period Street address Midnite Books Hillcrest, 1407 University Midnite Books Midway, 3606 Midway D Midnite Books Gaslamp, 836 Fifth Av Midnite Books El Cajon Blvd., 4790 The Crypt, 4094 30th Street [Mercury] Adult Books, 8081 Balboa [Mercury] Adult Books , 7435 Claire Adult World, 3574 University Avenue "F" Street Horton Plaza, 751 Fourth "F" Street North Park, 2004 University "F" Street Kearny Mesa, 7865 Batboa "F" Street Mira Mesa, 7998 Miramar "F" Street Sports Arena, 3112 Midway "F" Street Pacific Beach, 4626 Albuquerque "F' Street San Ysidro, 4650 Border Gemini Books, 5265 University Avenue Aduit Depot, 3489 Kurtz Street Barnett Ave. Adult Superstore, 3610 Jolar Cinema, 6321 University Avenue --- — --- �6TAI. AVERAGE Totai inner azea calls for service 2551 1421 3444 2552 1930 419 1182 2120 5328 1372 726 3Q6 1221 926 1068 1424 423 332 755 Inner area 2- Ratio of inner 2-6 6 am. calls a_m. calls to total for service inner area calls 249 0.09 146 0.10 463 0_13 340 0.13 247 0.12 44 0.10 142 0.12 201 0.09 830 0.15 140 0.10 89 0.12 27 Q.08 170 0.13 114 0.12 I35 0.12 131 0.09 39 0.09 21 0.06 76 0.10 - -- --- --- - 3�04 2.12 189.68 0.11 • o �_ b� � S� Secondar� Effects in San Diego 29 Table 4. Calis for service for the outer 1000 ft. areas suffounding geep show establishments in San Diego between the hours of 2am. and 6 a.m. compared to the remaining time of day. • Street address Midnite Books Hillcrest, 1407 Unive Midnite Books Midway, 3606 Midway D Midnite Books Gaslamp, 836 Fifth Av Midnite Books EI Cajon Blvd., 4790 The Crypt, 4094 30th Street [Mercury] Adult Books, 8081 Balboa [Mercury] Adult Books , 7435 Claire Adult World, 3574 University Avenue "F" Street Horton Plaza, 751 Fourth "F" Street North Park, 2004 Univers "F" Street Keamy Mesa, 7865 Balboa "F" Street Mira Mesa, 7998 Miramar "F" Street Sports Arena, 3112 Midwa "F" Street Pacific Beach, 4626 Albuquerque "F" Street San Ysidro, 4650 Border Gemini Books, 5265 University Avenue Adult Depot, 3489 Kurtz Street Baznett Ave. Adult Superstore, 3610 Jolaz Cinema, 6321 University Avenue TOTALS — - ----- - ---- A E � Totat outer area calls for service 2123 1591 1569 2571 1780 540 441 2099 2304 1907 558 451 549 681 1733 2126 605 216 1157 outer 2-6 ! outer outer 2-6 all 282 0.13 207 0.13 152 0.09 325 0.12 172 0.09 51 0.09 129 0.13 194 0.09 237 0.10 204 0.10 59 0.10 42 0.09 61 0.11 52 0.07 244 0.14 179 0.08 69 0.11 16 0.07 � 123 0.10 2798 2.02 147.2631579 0.106 • � • � Secondary Effects in San Diego 30 ��.� � . � v Tabie 5. Calls for service for inuer and outer 1000 ft. azeas surrounding peep show establishments in San Diego between the hours of 2am. and 6 am. compazed to the remaining time of day. Street address of peep show establishments Midnite Books Hillcrest, 1407 Universiiy Midnite Books Midway, 3606 Midway D Midnite Books Gaslamp, 836 Fifth Av Midnite Books El Cajon Blvd., 4790 The Crypt, 4094 30th Street (Mercury] Adult Books, 8081 Baiboa [Mercury] Adult Books , 7435 Clairemont Adult World, 3574 University Avenue "F" Street Horton Plaza, 751 Fourth "F" Street North Pazk, 2004 University "F" Street Keazny Mesa, 7865 Balboa "F" Sireet Mira Mesa, 7998 Miramar "F" Street Sports Arena, 3112 Midway "F" Street Pacific Beach, 4626 Albuquerque "F" Street San Ysidro, 4650 Border Gemini Books, 5265 Urriversiiy Aveaue Adult Depot, 3489 Ktutz Street Baznett 3fi10 Jolaz Cinema, 6321 University Avenue TOTALS AVERAGES Calls for service in the inner area 2a.m. to 6 a.m. 249 146 463 340 247 44 142 Zo1 830 140 89 27 170 114 135 131 39 ZI 76 3604 189.68 Calls for service in the outer azea 2a.m to 6 a.m. 282 207 152 325 172 51 129 194 237 204 59 42 61 52 244 179 69 _.. 123 2798 147.26 Ratio of calls for service in outer to inner areas 2 a.m. to 6 B.lIl_ 1.13 1.41 032* 0.95* 0.69* 1.15 0.90* 0.96* 0.28* 1.45 0.66* 1.55 0.35* 0.45'� 1.80 1.36 1.76 - - --- 0.76* --- - - T.61 19.66 1.03 * Higher number of crlme incidents in the areas immediately surrounding the peep show establishments than in outer azeas. • � �. o�_ �5�� Secondary Effects in San Diego 31 Table 6a_ Crime incidents 2 a.m. to 6 am. "hotsRot" analysis for "F" Street Sports Arena, 3112 Midway Drive. "F" Street Sports Arena, 3112 Midway drive 2720 IvIIDWAY 2760 N�WAY 3185 NIIDWAY 31461VIII)WAY 3112 D�WAY 3142 MIDWAY 31521VIIDWAY 3140 MIDWAY 3040 MIDWAY 3048 MIDWAY 2959 MIDWAY 2804 MIDWAY 3100 NIIDWAY 2732 N�WAY 3175 Iv�WAY Total 16 14 12 9 9 8 8 6 5 5 4 4 3 3 3 Table 6b. Crime incidents 2 a.m. to 6 a.m, "hotspoY' analysis for Midnite Books, 4790 El Cajon Blvd. Midnite Books, 4790 El Cajon Blvd., - - - �'145EL CAJON EL CAJON BL 4690 EL CA70N 4792 EL CAJON 4909 EL CAJON 4790 EL CAJON. 4835 EL CAJON 4717 EL CAJON 4751 EL CAJON 4700 EL CAJON 4800 EL CAJON 4746 EL CAJON 4776 EL CAJON 49a0 EL CAJON 4925 EL CAJON 4951 EL CAJON total 51 48 Z7 16 10 9 8 8 7 6 6 5 S 5 5 5 � L� � • � �� ;; Secondary Effects in San I?iego 32 Table 6c. Crime incident 2 a.m. to 6 am. "hotspot" anatysis for Adult VJorid, 3574 University . Avenue. Adutt World, 3574 University Avenue 3596 UNNERSITY 3605 UNNERSIT'Y 3694 UNIVERSIT'Y 3636 UNIVERSITY 3500 UNNERSITY 3574 UNIVERSITY 3549 LJNIVERSITY 3701 UI�TIVERSTI'I' 3561 UNIVERSTTY 3596 UNIVERSITY 3600 UNNERSITY 3596 L7NIVERSITY 3659 UNNERSITY 3651 UNIVERSITY 3550 iJNIVERSITY Total 17 7 b 6 5 5 5 4 4 4 4 4 3 3 2 Table 6d. Crime incident 2 a.m. to 6 a.m. "hotspoY' analysis for 3610 Bamett Ave. Adult � Superstore. 3610 Bamett Ave. Adult Superstore Total (No specifi add ress given) BARN ETT AV 5 -- --- -- - _ - — - - -- - --- ---- — -- — - Only non specific addresses found • Secondary Effects in San I7iego 33 o �_-� � Table 6e Crime incident 2 am. to 6 am. "hotsp analysis for The Crypt, 4094 30th street. The Crypt, 4094 30th street (No specific address given) 30TH ST 3959 30T33 . 4194 30TH F 4094 30TH 4145 30TH 4009 30TH 4046 30TH 4152 30TFI 4000 30TH 4225 30TH 4040 30TH 4176 30TH 3983 30TH 4074 30T'H 4225 30TFI 4045 30TH 4069 30TH 4033 30TH 3959 30TH Total 60 28 17 16 11 10 7 6 5 5 4 4 3 3 3 3 3 3 3 � � • � ��_� 3 f Secondary Effects in San Diego 34 � � C� � Table 6f. Crime incident 2 am. to 6 a_m. "hotspoY' analysis for [MercuryJ Adult Books, 7435 Claitemont Mesa Bl. - [Mercury] Adult Books, 7435 Ciairemont Mesa BI 7655 CL,AIREMONT MESA 7420 CLAIREMONT MESA 7435 CLAII2EMONT MESA 7512 CT.ATRFMpNT' MESA. 7450 C7.ATRF.MONT MESA 7330 CLAIREMOI�T MESA 7524 CLAIF2EMONT MESA 7305 CT.AIREMONT MESA 7515 CLAIlZEMONT MESA 7585 CLAIREMONT MEBA 7311 CLAIItEMONT MESA 7380 CLAIREMONT MESA 7373 CLAIREMONT MESA 7415 CLAIItEMONT MESA 74Q0 CLAIItEMONT MESA 7514 CLAIREMONT MESA 7398 CLAIIZEMONT MESA 7510 CLAIILEMONT MESA Total 22 14 7 7 6 6 6 5 5 5 3 3 3 3 2 2 2 2 Table 6g. Crime incident 2 a.m. to 6 a.m. "hotspuY' analysis for "F" Street Horton Plaza, 751 Fourth Ave. "F" Street Horton Plaza, 751 Fourth Ave (No specific address given) 04TH AV 720 04TH 1037 04TfI 801 Q4TH 919 04TH 827 04TH 800 04TH 708 04TH 551 04TH 75104TH 801 04TH AV 555 04TH 554 04TH 700 04TH 720 04TH 901 04TH Total 120 90 39 30 24 21 20 17 15 10 8 8 8 6 6 5 • � o J �o � Secondary Effects in San Diego 35 Table 6h. Crime incident "hotspoY' analysis for 836 5� ave-Midnight books gaslamp. 836 5�' ave-Midnight tiooks gaslamp Totat (No specific address given) OST'H AV 190 60Q OSTH 40 731 OSTH AV 36 700 OSTH 35 728 OSTH 24 630 OSTH 19 800 OSTH 19 835 OSTH 18 900 OSTH 14 836 OSTH 13 731 OSTFI 11 743 OSTH 10 756 OSTH 10 911 OSTFI 10 750 OSTH 9 758 OSTH 8 Table 6i. Crime incident 2 am. to 6 a.m. "hotspoY' analysis for "F" Street Keamy Mesa, 7865 Balboa * "F" Street Keamy Mesa, 7865 Balboa Total 8010 BALBOA 15 BALBOA AV 12 - A- .. 7 - ------ 7905 BAI.BOA 5 8039 BALBOA 5 7807 BALBOA 4 7827 BALBOA 3 7786 BALBOA 3 7947 BAI,BOA 3 8010 BAI.BOA AV 2 7935 BALBOA 2 7860 BALBOA 2 7903 BALBOA 2 7959 BALBOA 2 8039 BALBOA 1 7900 BALBOA 1 8010 BALBOA 1 8000 BALBOA 1 * Peep show establishment is not among the top crime hotspots. • � • . � Secondary Effects in San Diego 36 Q5-[�(jr� Table 6j. Crime incident 2 a.m. to 6 am"hotspoY' analysis for "F" Srreet Pacific Beach, 4626 Albuquerque street. "F" Street Pacific Beach, 4626 Albuquerque st GARNET AV 2805 GARNET 2780 GARNE'F 2804 GARNET 2974 GARNET 2724 GARNET 2804 GARNET 2805 GARNET 4626 ALBUQi3ERQUE 2736 GARNET 2780 GARNET AV 2772 GARNET AV 2926 GARNET 2803 GARNET 2946 GARNET Total 34 16 11 9 5 4 3 3 3 2 2 2 1 I 1 �� Secondary Effects in San Diego 37 � FIGURE 1: An example of the placement of the two iffier 1000.foot and two outer 1000-foot azeas surrounding the peep show establishment addresses. � -- - - ----- -- — �_,�; � , e � .ac�Y� • •••• , i — aa••m> 0` i � � ° zl a.,s$aa--:iGaa--s!'siw- �� `� . --' f a > yy�uy�,r .=a / � , a � $ � � � S e i L L €�uter 1tX�� t i�ner �0{�{3 �t : ir�ner �.00�� ft , o�#er ��t3� � �-. ""'a ' aa"y t' '° a? a i' i ''1� a b.a r a i _�a_�� + e --` — e.mnm+��_._--- . � � -_ ♦ Meresuyildult:Books i ' �7d35�IairemontMesaBlvd • ' � �' � _ . . � ; a , . ; ' a e r'�J� --� e.na.—_�'--y�� _� � s � 1 4 � a �sp±vst-. 88 '� ! � a + Ga11s occurring fln inner 1000 fE. secti�n of sEreet are in red -- --- - . . . +� . .. .. . � �� Received March 28, 2005 � �' 1 ° � :r t� J • _PID_HLINKS_AdHocReviewC�cIeID838233561_EmailSubject_AuthorEmaiibmpaul@indiana `.edu AuthorEmailDisplayNamePaul, Bryant MRITNNING HEAI7: Sexual Entertainment and , Aggression Examining the Link Between Seaual Entertainment and Sexuai Aggression: The Presence of Adult Businesses and the Prediction of Rape Rates in Florida : Randy D. Fisher Department of Psychology University of Central Florida rfisher(n�mail.ucf.edu � Daniel Linz Department of Communication, Law and Society Program University of Califomia, Santa Bazbaza and Bryant Paul Assistant Professor Depaztment of Telecommunications Indiana University 1229 East 7th St., R"I'V 333 Bloomington, IN 47405 Accepted for Presentation to the Law and Policy Division at the 2004 annual meeting of the International Communication Association: New Orleans, LA. <; �` �� —�.�?t� ��sc�Ct The Supreme Court o£ the United States has considered the constitutionality of anti-nudity legislation passed by municipaliries or states that have relied on the negative secondary effects doctrine as justification. Most recently, in City ofErie v. Pap's A.M., the Court again held that municipalities have the right under appropriate circumstances to pass anti-nudity ordinances on the assumption that nudiry causes adverse secondary effects such as increases in sex crimes. The purpose of the present study was to systematically examine whether rates of rape and other crimes are associated with the presence of adult businesses in each of the 67 counties of Florida once other variables known to be related to crime are controlled. Three kinds of crime aze examined: Index crimes, rape, and domestic violence. In addiuon, three measures of adult businesses aze included: the total number of adult businesses that offer some form of live nude or semi-nude entertainment, the number of such businesses that provide nude entertainment, and the n LJ number of nude dancing clubs. In the case of the crimes of rape and domestic violence, zero order correlations between all three measures of nude entertainment and rates of rape and � domestic violence were essentially zero. In the case of the relationship beiween Index crimes ' - - - - -- - - and nude entertainment, there is evidence of a significant correlation between these variables. The statistically significant correlations between measures of nude entertainment and Index crimes disappeaz when other variables aze considered. The results of this study show that a causal link between nude entertaimnent and secondary effects as measured by crime rates at the county level is extremely improbable. � l� ` " � C i3 1 I � L_J Government ReguIation of Erotic Ezpression Through Anti-nudity Ordinances The Supreme Court of the United States has considered the constitutionality of anti-nudity legislation passed by municipalities, counties or states that have relied on the negative secondary effects doctrine as justification. The Court in Barnes v. Glen Theatt Inc. held that the State of Indiana could regulate nudity; with a plurality of the Court concluding that the government could undertalce such regulation to protect the public order and morality. In a concurring opinion, however; Justice Souter argued that the State had justified the ban on the basis of the presumed negative secondary effects on the surrounding community such as the occurance of sex crimes. Most recently, in Ciry of Erie v. Pap's A.M., the Court again held that municipalities have � the right under appropriate circumstances to pass anti-nudity ordinances. Again, however, the Court was fractured. Three justices agreed with Justice O'Connor's opinion that combating negative secondary effects supposedly associated with adult businesses was a legitimate basis for the imposition of an anti-nudity regulation. Notable however, was Justice Souter's partial concurrence and partial dissent, in which he significanUy revised the position he took regazding - - -------- -- ------ ----------------------- - - secondary effects in Barnes. In Pap's, Justice Souter admitted that the evidence of a relationship between adult businesses and negative secondary effects such as increases in crune is at best inconclusive. He cailed into question the reliability of past studies that purported to demonstrate these effects and suggested that municipalities wishing to ban nudity must show evidence of an actual relationship between adult businesses and negative effects. The recent expansion of the secondary effects "doctrine" to include not only the zoning of . adult businesses but now the regulation of the content of expression within these establishments, raises the question of whether adult businesses in a city, county or state make an independent contribution to the prediction of crime such as rates of rape and domestic abuse. The study reported here addresses this question by systematically examining whether rates of rape and other crimes are associated with the presence of adult busznesses in each of the 67 counties of the state of Florida once other variables known to be reIated to crime are controlled. ;� t� � � . '-° !. t3 s, 'The Z�iatk Bet�een �eaual Eretertai�mea8 �mmd Sezua& Aggressiamm Bauserman (1996) has reviewed correlational studies that have examined the link between sexual entertainment and sexual agg�ession. Several studies have focused on rates of rape across states, as indicated by FBI Uniform Crime Reports, and their rela[ionship to circutation rates of vazious forms of sexually explicit materials within those same states. For exatnple, Bazon and Straus (1987, 1989) obtained data on the circularion rates of isoft corei menis magazines, such as Penthouse, Oui, and Playboy for each of the 50 states. They then examined the correlation (statistical association) betcveen these figures and the rates of rape per 100K populaUon for the same states. Their results revealed a significant, positive correlarion between circulation rates of isoft corei magazines and rates of rape. Bazon and Straus used struchual equarion modeling to assess the independent contributions of several variables to the prediction of rates of rape across the 50 states. They found that social disorganization, urbanization, income inequality, and circulation of soft core magazines all were positively associated with rates of rape, while gender equality was negatively associated, The conelation between sex magazine circulation rates and rates of rape remained siatistically significant after -- - - - -- -- - -- — -- -- these other variables were entered into the regression equation. Other reseazchers (Jaffee and Straus, 1987; Scott and Schwalm, 1988) have also obtained positive correlations between sex magazine circulation rates and rates of rape. Despite the positive correlations between sex magazine circulation and rape rates obtained by different researchers examining data from different years, Baron and Siraus (1989) do not interpret these results as indicating that consumption of sexually explicit materials causes increased levels of rape. They cite three reasons for rejecting this interpretation. Fust, they note that the experimental literature examining the effects of varions sexnally explicit media (See Davis and Bauserman, I 993; Linz, Bonnerstein, and Penrod, 1987: Linz, 2 989 for reviews of this literature.) has consistently found that nonviolent sexually explicit materials do nQt affect viewers in ways that would encourage them to rape. Second, they note that studies in other countries (Kutchinsky, 1985; Ben Veniste, 1971) examining the rate of sex crimes following the � � • • �' �. . �.'' �, legalization of sexually explicit materials have failed to find increases in sex crimes, including rape. Third, they note tUat the circulation rates of P1aWeirl magazine, which appeals primarily to women and gay men aze also highly correlated (r=.68) with rates of rape. It is certainly difficult to understand how a magazine with nude photographs of inen could encourage the rape of women by men. They argue that some other factor, which they have not measured sufficiently by any of their statistical indices, must be responsible for the correlation between sex magazine circulation rates and rates of rape. Several additional findings challenge any interpretation that sexually explicit � entertainment contdbutes to increased levels of rape. Gentry (1991) also examined the correlation between sex magazine circulation and rates of rape, but she did so at the level of Standard Metropolitan Sta6stical Areas, rather than states. She found that the significant relationship between rape and sex magazine circulation disappeazed when severai other variables, such as proportion of the population that is youthful {15-24 yeazs of age), were entered into the regression equation. Gentry (1991) azgues that the relationship beriveen sex magazine circulation raYes and rape rates is spurious. She contends that these two variables are correlated because both are related to the proportion of young people in the population; SMSAs with a high proportion of young adults have both high rates of rape and high circulation rates of sex magazines. An additional challenge to the hypothesis that sexual entertainment causes rape comes • from the work of Scott and Schwalm (1988). They examined the relationship between rates of rape by states and the number of adult movie theaters, showing ihazd corei sex films, in each state. They examined data for these variables from the year 1982 and found no significant relationship. These findangs suggest that the correlation between sexuat entertainment and rates ofrape may not be robust. Gentryis (1991) results fail to find an independent relationship for SMSAs, as opposed to states, when demographic factors are controlled. Scott and Schwalm (1988} fail to find any relarionship at all when the measure of sexual entertainment assesses numbers of adult theaters, rather chan sex magazine circulation. � � ;. �� (� , �-�;.� � � The results of Scott and Schwalm (1988) highlight a shortcoming of all of these studies. Most previous studies have focused on a relatively narrow range of forms of sea�ual entertainment. But, it is ciear that there are several forms of erotica available to those interested in them in contemporary North America iSoft corei magazines represent only one form. The sexualIy explicit films shown in the adult theaters enumerated by Scott and Schwalm (1988) have lazgely disappeared, with their segment of the erotic mazketplace lazgely captured by adult bookstores, and even more common mainstream videostores, that rent and sell fully eaplicit (eXXXi-rated) videos. Many forms of erotic entertainment are also available to anyone with an online computer, and auditory emrica is available to anyone with a telephone and a credit card. Cleazly, studies that attempt to assess any relationship between the extent of consumption of sexual entertainment and rates of rape will be improved to the extent that a wider range of forms of sexual entertainment is included in the assessment of this concept. Erotic entertainment is also pmvided an genUemenis clubs that feature nude or semi-nude dancers who entertain patrons with live perforntances. In many communities, simiIar entertainment is provided in ilingerie modetingi or massage salons, or is available on an out-call basis. One form of sexual entertainment not examined by any previous studies of crime rates is nude dancing. This form of entertainment proliferated in the 1970s, along with adult bookstores and theaters. In its eazliest form, the itopless bar,i the featured entertainment was primarily women dancing baze-breasted. Today, igentlemenis clubsi provide a wide variety of erotic entertainment, ranging from women dancing on stage in bikinis or wearing pasties, to fully nude performances with bodily contact between patrons and dancers, i.e., ilap dances.? As previously noted, similaz performances are also provided by performers m ilingerie modelingi or massage salons. These aze stand-alone businesses that typically do not serve alcohol, but do feature nude or semi-nude performances in a less public setting. The Prese�t S4aady The purpose of the present study is to systematically examine whether rates of rape and other crimes aze associated with the presence of adult businesses in each of the 67 counties of • � � �� • � Florida once other variables known to be related to crime are controlled. Multivariate analyses with rates of crime as the dependent variable will be used to determine the independent contribution made by each of several control variables. These include demographic variables shown in previous studies to be related to rates of rape: proportion of population between the ages of 15 and 24, the pmportion of the population divorced, the ratio of young men to young women, the proportion of the population living in SMSAs, and the proportion of the population below the pover[y line. In addirion, variables not previously examined in such studies will be included: measures of alcohol consumption and tourism. High levels of tourism may inflate crime rates as computed by the FBI, since tourists can be victims of crimes, or even perpetrators of crimes, but their numbers aze not included in the population bases that used to compute crime rates. Alcohol intoxication has been implicated as a contributing factor at the individual level in several psychological studies of violent crime. However, aggregate measures of alcohol consumption for geographical areas have not been examined in coaelational studies. The question addressed in this study is whether adult businesses make an independent contribution to the pred'action of rates of rape. In other words, we will test for a conelation between these two variables when the effects of a host of control variables aze statistically controlled. The present study will attempt a broader definition of adult businesses than previous • reseazchers have adopted. We focus on those businesses that provide live performances by nude or seminude women. We will restrict our lisring to those businesses that have a fixed location. To be sure, this is a somewhat arbiirazy distinction, and it eluninates many adult businesses from consideration. Escorts and some iout-caili erotic models certainly provide nude entertainment. Three azguments can be made in favor of this restriction. First, the impact of businesses such as escorts is probably much less than an adult cabazet that has many dancers and many patrons in a given evening. A single escort wiIl presumably have only one or at least only a few patrons in a given evening. Second, escorts or other ioutcalli businesses that lack a business address may advertise in several azeas of the state. Some certainly advertise in both the Orlando area and the �� - 1� �1 � Bay area (Tampa-St. Petersburg-Clearwater). It is difficult or arbitrary deciding which county this ibusinessi is located in. Finally, most of the legal authority for regulating adutt businesses comes from the doctrine of iadverse secondary effectsi that such businesses allegedly have on the community surrounding them. If an adult business has no address, then it has no isurrounding communityi in which its effects can be felt. Thus the 1ega1 argu� for resh such a business must be based on some other considerations. This analysis will focus only on comparisons between counties. There aze several reasons for this selection. First, there are only 20 SMAs in Florida, and a statistical analysis based on so smail a sample lacks the statistical power necessary ta adequately test for the hypothesized relafionships. Cities on the other hand are numerous, but their populations are often so small that their crime rates can fluctuate dramatically from one yeaz to the next due to the inherent unretiability of smail numbers. Coun.ty crime rates tend to be much more stable. Second, counties are more socially and demographically meaningful geographical azeas than either SMAs or cities. Divisions between cities can often create a contrast between two contiguous areas that aze virtualiy identical in virtually all ways, save for their arbitrary boundaries. Cities can also be so small that the characteristics of one city can have a powerful effect on adjoining, or even neazby ciries. On the other hand, SMAs can be so lazge tiaat they azbitrarily combine counties that aza quite different from each other. For example, the Tampa-St. Petersburg-Clearwater SMA defined by the Census contains Hillsborough, Pinellas, Pasco and Hernando Counties. Are these Counties so similar that they should be analyzed as a single unit? For example, Hernando County has no adult businesses, and yet would have to be scored as part of an SMA that has a lazge number of such businesses. Third, if there is any validity to the concept of "adverse secondary effects,i such effects would seem to emanate moderate distances from adult businesses. T'hese effects could extend beyond the boundaries of a small city, or even a lazge one if the business is neaz its border. On the other hand, they would be unlikely to extend across the counties of a large, multi-county SMA. • � • r� _ �'i � �...�. �. - 'J V • Numbers of Adult Businesses Per County. Method Our intention was to create a listing of adult businesses that was as accurate and � L J comprehensive as possible. Accordingly, we consulted several sources and th�n cross-referenced them. We consulted ail of the web sources of adult listings. We also used search engines to identify addirional web listings of adult businesses. In addition, we consulted several print publica6ons: The Orlando Wee ly, 'I'}�e Tampa Weekly Planet, t�dult Entertainment Guide, citement, Ni,�hrinoves, and Exotic Dancer magazine (Annual Directory Ed'ation). The name of each business identified in any of these sources was entered into a file that also included the type of business (nude dance club, swing club, lingerie modeling salon etc.), whether it offered nude or semi-nude live performances, and the county, city and SMA of its address. C rime Statistics The central focus of this analysis is on rates of rape in the 67 counties of Florida. All of these data were derived from azchival sources. Crime data for Index crimes were downloaded from the website of the Florida Department of Law Enforcement (FDLE) (www�'dle rtate ,,f ac) for the period from 1989 to 2001. These were entered into an SPSS data file for fiirther analysis. The first step was to compute annual rates of rape per I OOK population. This was done by dividing the numbers of rapes each yeaz by the county population for that year (supplied by the FDLE) and then multiplying the quotient by 100,000. Examination of the rates reveals that they aze quite consistent from one yeaz to the next. Consequently the average rate for each county for the period 1999-2001 was computed for use in subsequent analyses. This time span was used because it centered on the yeaz 2000, for which U. S. Census data is readily available. This allows the use of Census data for the year'2000 for computation of control variables. Data for Index crimes and all forms of domestic violence were also downloaded from the FDLE Web site. These data also revealed considerable consistency from yeaz to yeaz. As with rape data, three-yeaz averages for the period 1999-2001 were computed for subsequent analyses. Control Variables • ; i.; � :.� � A considerable amount of previous research has established that several characteristics of states and SMAs are correlated with theu rates of rape. These include: County population. Crime rates per 100K persons take in to account the obvious fact that more crimes zvill occur in lazger populations. But, it is also true that the a e of crime is typically higher in azeas that have higher population densities. Consequendy, one factor that must be statistically controlled in ana(yses of crime rates is the population levels of the area exawined. This variable is captured simply in our analyses by the population levels supplied with crime rates by the FDLE. Percentage of the population between the age of 18 and 24. The highest rate of rape perpetration is found among males aged 15-24. Consequenfly, the higher the percentage of males in the population who aze in this age range, the greater the rate of rape is likely to be. Similazly, the highest rate of rape victimization is found among females aged 18-24. Consequently, the higher the percentage of females in the population who aze in this age range, the greater the rate of rape is likely to be. Thus, the greater the population is this age range the higher the rate of rape is likety to be. A ctose approximation is readily provided by the Census Bureau: the percentage of population of each county between 18 and 24. This variable was used in the current study. Percentage of the population divorced. Divorced women aze especially vulnerable to sexual assault. Divorced men may also be more likely to be perpetrators of crimes, including rape. Further, a higher proportion of divorced persons indicates a greater degree of social disorganization, and this is typically associated with a breakdown in conformity to social norms, including the tendency to abide by Iaw. Degree of Urbanization. Studies (Baron and Stcaus, 1987, Baron and Straus, 1989) examining the conelates of rape at the state level have found that states with higher percentages of their populations found in SNtAs tend to have higher rates of rape. T7tough there is disagreement among reseazchers atwut ihe reasons for this tendency, urban azeas seem rather consistently to have higher rates of rape. Since SMAs aze defined as including whole counties, . � • r ' � V • an analysis by counties cannot compute a percentage of the persons within a county that live in an SMA; tke percentage is either 100% for counties within SMAs or zero for counties not is SMAs. In this study the degree of urbanizarion can be operationalized as a dun�y variable, with a score of 0 assigned to counties not in SMAs, and a score of 1 to those in an SMA. Level of tourism. Some reseazchers have suggested that tourists aze more likely to engage � in nonconfornung behavior than persons who live in the community (Nicholls, 197�. In addition, the proportion of tourists in a community can inflate crune rates in a purely methodological way. County crime rates aze computed dividing the number of crimes in that county by the census population figure for that county, and then multiplying the quotient by 100,000. This gives the iratei of crime per I OOK population, which allows crime rates to be compared across counties with very different populations. However, a high level of tourism in a community can inflate these rates when the tourists contribute to the numerator of the fraction, either as crime victims or perpetrators, but aze not counted in the denominator. As an indicator of leveis of tourism, the numbers of units (rooms) in licensed hotels and motels were obtained from the Florida Statistical Abstract. While not a perfect measure of actual levels of tourism, these numbers showed great variability (from a low of 0 in Union County to a high of 76,447 in Orange County) and aze certainly correlated with the annual numbers of guests in each county. The actual variable used to indicate Ievels of tourism was computed by multiplying the number of hotel/motel rooms in a county by two and then dividing the product by the average population of the county for 1999-2001. This is an estimate of the extent to which tourism increases the functional population of the county. Amount of alcohol consumption. Psychological studies of vioIent criminals have often u found ihat they report being intoxicated at the time they committed their violent acts. Other reseazch suggests that bazs rnay be ihotspotsi associated with higher rates of crime. We attempted to apply this logic at the tevel of counties. We obtained data on the surtaac charged by the State Department of Alcoholic Beverages and Tobacco on all alcoholic beverages sold for consumption on the premises. These figures do not reflect package sales of alcohol, though they � : i . . - ;.� � ... aze no doubt conelated with them. They do accurately reflect consumption of alcohol in bars and restaurants. Data were obtained for the two-yeaz period from 2000-2001 and converted into surchazges per 100K population in a manner identical to the computafion of crime rates. These rates were found to be quite highly correlated from one yeaz to the next, so the rates for 2000 and 2001 were averaged to yield a single iadex. Rates ofother violent crimes. Some researchers have noted that rates ofthe major violent crimes (murder, rape, aggravated assault, and robbery) are highly correlated. Many factors that contribute to one type of violent crime (i.e., proportion of young adults in the population) may also conhibute to others as well. Thus, controlling for levels of other violent crimes may serve to control for those variables that generally contribute to violent crune, such as attitudes that legitimate some violent acts, but are not amenabie to direct measurement and statistical control. Using rates of violent crimes as a conirol variable would not be appropriate where Index crimes is the dependent variable, since these crimes make up a major part of the Index crimes. However, it was deemed appropriate to use rates of non-sexual assault as a control variable for both domestic violence and rape. The particulaz variable used was the average rate of assault per 100K for the yeazs 1999-2001. This variable was computed using FBI Uniform Crime Reports. Percentage ofpopulation below the poverty line. Many researchers have noted a link between poverty and crime. High proportions of persons below the poverry line within a population is highly correlated with income inequality, which may breed resentment of the more affluent. This resentment may lead directly to anger which conhibutes to violent crimes, such as rape, or may motivate properiy crimes as a means of reducing the inequality. Baron and Straus (1989) found high levels of economic inequaliTy to be associated with higher levels of rape. Our statistical index was simply the percentage of the population of each county below the poveriy line, according to the 2000 censtls. Geographical mobility. Counties where many persons have recently moved, either from outside the county or from another location within the county, aze likely to have high levels of social disorganization. Social disorganization is one major explanation of high levels of crime. • � • • Our measure of this variable was the percentage of persons in each counry who reported in the 2000 census that they now lived in a different household tUan the one where they lived in 1995. Results I .� .-_ ._ .. . _�- .-. . Table 1 displays the counts of adult businesses of various types by county. Table 1 shows � only those counties that have at least one adult business; counties not found in the table had no adult businesses with physical locations listed in any of our sources. While we are aware of at least some adult businesses that have physical locations that are not listed here, it is reasonabie to believe that Table 1 captures the vast majority of such businesses found in the state of Florida. Certainly the relative differences between counties in number and type of adult businesses aze reflected accurately in the data in Table 1. Examinarion of Table 1 reveals that 401 adnit businesses were listed by the various sources consulted. Nude dance clubs (33.7% of the total) aze the most common form, followed by topless dance clubs (25.4%), and lingerie modeling salons (20.7%). Hillsborough County has 90 adult businesses (22.4% of the total in the state). This is due primarily to the high number of lingerie modeling salons and massage salons listed by our sources in Hillsborough County. Virtually all of these businesses are in the city of Tampa. Hillsborough County has an inordinate number of these businesses (52.0% of all lingerie modeling salons and massage salons). Of 135 nude dance clubs, 43 (31.9%) are in Dade County and 24 (17.8%) are in Hillsborough County. Correlates of number of adult businesses Persons familiar with the counties of Florida will recognize that the counties that have • high numbers of adult businesses aze populous counties, mostly on the coasts of Fiorida, that tend to attract large numbers of tourists each year. Statistical analysis confirms this impression. ��-�o� The number of adult businesses across the 67 counties is highly conelated with county population, r(67)=.79, p<.001. Number of adult businesses is also correlated with being part of a Metropolitan Statistical Area (MSA), r(67)=.40, p=.001, total number of hoteUmotel rooms (a measure of tourism), r(67)=.58, p<.001, and geographical mobility/growth as indicated by the percentage of persons in the 2000 census who reported they lived in a different household 5 yeazs ago, r(67)=.26, p=.03. These results suggest that adult businesses are not randomly dishibuted across the 67 counties of Florida. Rather, they are concentrated in areas that aze highly populous, have high levels of growth/mobility, and attract high numbers of tourist visitors each yeaz. Crime rates 1999-2001 Rates of rape 1999-2001. Rates of rape across the 67 counties are shown in Table 2. It can be seen there that these rates vary widely from a low of 7.27 in Calhoun County to a high of 127.92 in Levy County. Hillsborough County ranks 18� with an annual rate of 91.96 rapes per 100K population. Rates of Index Crimes 1999-2001. Rates of Index crimes across the 67 counties aze shown in Table 3. It can be seen there that these rates vary widely from a low of 321.50 in Lafayette County to a high of 8335.93 in Dade County. Hillsborough County ranks 3 with an annual rate of 733927 Index crimes per 100K population. Rates ofDomestic Violence 1999-2001. Rates of domestic violence across the 67 counries aze shown in Table 4. It can be seen there that these rates vary widely from a low of 142.88 in Lafayette County to a high of 156238 in Dade County. Hillsborough County ranks 9�' with an annuaI rate of 1039.71 acts of domestic violence per 100K population. Correlations between crime rates 1999-2001 and number of aduIt/nude bu inesses Correlations with rates of rape. Rates of rape were correlated with each of the three measures of adultlnude eatertainment businesses. None of the correlations were statistically significant. Rates of rape were not siguficantly correlated with the total number of adult businesses in the county, r(67)=14, p=.26, the total number of nude businesses, r(67)=.09, p=.46, nor with the number of nude dance clubs, r(67)=.06, p=.66 � � • �� c �? � • Correlations with rates oflndex crimes. Rates of Index crimes on the other hand were significantly conelated with each of the three measures of adult/nude entertainment businesses. Rates of Index crimes were significantly correlated with the total number of adult businesses in the county, r(67}=.55, p<.001, the number of nude businesses, r(6'7)=.44, p<001, and with the number of nude dance clubs, r(6�=.48, p<.001. These results are consistent with the hypothesis that adult businesses conhibute to higher rates of crnne. However, it must be noted that both rates of crime and numbers of aduldnude businesses are associated with several other characteristics of counties that may explain their crime rates. This includes many of the con�ol variables that will be examined later. These variables may account for the significant conelations between crime and nude entertainment businesses. Correlations with rates of domestic violence. Correlations were computed between rates � of domestic violence and each of the three measures of adult/nude entertainment businesses. All of these correlation coefficients were small in magnitude and statistically non-significant. Rates of domestic violence were not significantly correlated with the total number of adult businesses in the county, r(67)=.15,p=.22, the number of nude businesses, r(67)=.11,p=39, nor with the number of nude dance clubs, r(67)=.03, p=.80 Ltegression analyses with crime rates as dependent vatiables General strategy of the regression analysis of crime rates. The general goal of the data analysis was to evaluate the hypothesis that nude entertainment businesses contribute to crime. An ancillary goai was to use the control vaziables that describe the social and demographic characteristics of the counties to account as fully as possible for the variations in crime rates across the 67 counties. Three kinds of crime are examined: Index crimes, rape, and domestic violence. In • addition, three measures of adutt businesses aze inctuded: the total number of adult businesses that offer some form of live nude or semi-nude entertainment, the number of such businesses that provide nude entertainment, and t�he number of nude dancing clubs. In order to test this general hypothesis for all three types of crime and all three measures of nude entertaiaunent businesses, �� the following strategy was adopted. Fnst, zero order correlations were computed between the tiiree crime rates and the aforementioned controI variables. This step was done segazateiy for each of the three crime variables, The significant correlations were noted and then those control variables that were found to significantly correlated with a crime rate were sunultaneously entered into a regression analysis with that crime variable as the dependent variable. The purpose of this regression analysis was to determine which of the control variables made staristically significant, independent conhibutions to the prediction of rate of this type of crime. The resulting model was the best prediction equation for each dependent variable. Thus it presents the best way of accounting for or explaining why some counties have higher rates of crime than others. The final step in the analysis was to enter each of the ttu�ee measures of numbers of nude entertainment businesses into the regression eyuation that resulted from the modei building procedure. This fmal step was underaken to determine whether variation in the number of nude businesses across counties makes a significant contribution to prediction of crime rates over and above that already provided by the control variables. If these variables make no significant contribution to the prediction of crime rates, then it must be concluded that crime rates are a result of other factors (i.e., the control variables or other unmeasured factors}, rather than the presence of nude entertainment businesses. Reeress anal�ses with rates of rape as the denendent variable The initial correlational analysis showed that several of the control variables were significantly related to rates of rape. These were the average level of assault 1999-2001, r(67)=.44, p<.001; the percentage of the population aged 18-24, r(6�=.4, p=. 004: the percentage of the population female I 5-25, r(67)=.37, p=.002; the percentage of the population male 15-25, r(67)=.28, p=A23; and the percentage of the population reporting living in a different household in 1995, r(67)=.25, p=.04. All of these control variables were entered simuitaneousiy into a regression equation with the average rate of rape for years 1999-2001 as the dependent variabie. The results of this analysis aze shown in Table 5. There it can be seen that onIy control vaziables were retained for the final model. These are the average levei of � � • �, �, • assault 1999-2001and the percentage of population that is 18-24 years of age. These two variables are the only two that make a siguficant coniriburion (p<.OS) to the prediction of rates of rape. Together these two variables reach a multiple R of .50, p<.001. Thus, these variables account for 23% of the variance in rates of rape. Table 5 also shows the resuits of regression analyses when each of the three measures of �� adult/nude businesses are added to the regression equations already containing the three conh�ol variables. Table 5 shows that all of the standardized beta coefficients aze quite small and the t values aze all statistically non-significant. Thus, these variabies aze not related to rates of rape when the controi variables aze taken into account. Of course, this result is hazdly surprising, since the zero order correlations beriveen these variables and rates of rape were also small in magnitude and statisrically non-significant. The regression analysis rules out the possibility that some set of control variables may have been suppressing a relationship between aduit businesses and rates of rape. 3egression Analyses With Rates ofIndex Crimes as De�endent Variable Several control variables were found to be significantly correlated with rates of Index • crimes per 100 K for the yeazs 1999-2001. These aze the increase in the (functional) population due to tourism, r(67)=38, the Census population averaged across1999-2001, r(67)=.61, p<.001; the average surchazge for alcohol sales, r(67}=37, p=.002; the percentage of the population living in a different household than in 1995, r(67)=.42, p<.001; the percentage of the population that is divorced females, r(67)=.27, p=.028; and the percentage of the population between the ages of 18 and 24, r(67)=.25, p=.039. When these variables were simultaneously entered into a regression equation with the average rate of Index crimes for yeazs 1999-2001 as the dependent variable, three of them were found to make a significant independent contribution (p<.OS) to the prediction of rates of Index crimes. These are the percentage of the population between the ages of 18 and 24, the total county populations for 1999-2001, and the increase in the (functional} population due to tourism. The results of this analysis are shown in Tabie 6. � ,� � �. �a � Together these three variables reach a multiple R of .73, p<.001. Thus, these variables account for 51.0% of the variance in rates of Index crunes. Table 6 also shows the results of regression analyses when each of the three measures of adult/nude businesses are added to the regression equations already contaiuing the tluee control variabies. As can be seen, all of the standardized beta coefficients are quite small and the t values aze all statistically non-significant. Despite their significant zero order correlations, these variables aze not related to rates of Index crimes when the control variables aze taken into account. Reeression analvses with rates of domesfic violence crimes as de�endent variable Since the control variables created in this study were those previously found to be related to rates of rape, it was not clear that any would be related to rates of domestic violence, other than levels of non-sexual violence. Accordingly, the overall percentage of the population over age 25 that was married. It was reasoned that this variable, representing the pool of potential perpetrators, might be related to rates of domesric violence. However, tius was not the case. The only demographic control variable to show a significant zero order correlation with rates of domesric violence was the percentage of the population made up of divorced males, r(6�=.26, p=.035. Rates of domestic violence were also related to rates of non-sexual assault averaged across the years 1999-2001, r(67�.48,p<.001. These two variables were simultaneously entered into a regression analysis with rates of domestic violence as the dependent variable. The results of this analysis are shown in Table 7, where it can be seen that only the non-sexual assault variable made a significant independent contribu6on to the prediction of rates of domestic violence. With only one variabie in the equation, the multiple R of.48, p<001, is the same as the zero order correlation with this variable. Thus, the equation accounts for 22.1 % of the variance in rates of domestic violence. Tabie 7 also shows the results of regression analyses when each of the three measures of adulUnude businesses are added to the regression equations already containing the single control variable. As can be seen all of the standazdized beta coefficients aze quite small and the t values � LJ :� • . are all statistically non-significant. None of these measures of nude entertainment businesses is related to rates of domestic violence when rates of non-sexual assault aze controlled. As with the analysis of rates of rape, the zero order correlations were also small and non-sig�ificant, so this result is hazdly surprising. Discussion The Supreme Court of the United States has considered the constitutionality of �� anti-nudity legislarion passed by municipalities or states that have relied on the negative secondary effects doctrine as justification. The purpose of the present study was to systematically examine whether rates of rape and other crimes aze associated with the presence of adult businesses in each of the 67 counties of Florida once other variables Irnown to be related to crime are controlled. Three kinds of crime aze examined: Index crimes, rape, and domestic violence. In addition, three measures of adult businesses are included: the total number of adult businesses that offer some form of live nude or semi-nude entertainment, the number of such businesses that provide nude entertainment, and the number of nude dancing clubs. In the case of the crimes of rape and domestic violence, zero order correlauons between all three measures of nude entertainment and rates of rape and domestic violence were essentiaily zero. In the case of the relarionship between Index crimes and nude entertainment, there is evidence of a significant correlation between these variables. The statistically significant correlations between measures of nude entertainment and Index crimes disappeaz when other variables aze considered. �tu� Limitations We were able to identify at least 401 aduFt businesses in the state of Florida. While this is • substantial, it is clear that the actual number is even greater. We did not include in our listing businesses for which we could identify no physical location. This eliminates many out-call modeling and massage businesses. Indeed, we observed many massage businesses that advertise only a phone number, though their adds suggest they have a physical location, e.g., by listing a general area, such as iDisney vicinity.i It is also certain that some businesses with actual physical locations were not found, because they advertise in ways not captured in our seazch. We " - -. '� �� also did not include adult bookstores, though some may feature live performances, at least occasionally. Certainly, there are many adult businesses in the state of Fiorida that provide nude or semi-nude female performers for (mostly) male patrons. Our listing of 401 should be considered the lower limit on Their number. While we were unable to list all nude entertainment businesses, we aze confident that we have identified the general pattem of their distribution throughout the stafe. These businesses are generally located in large urban centers (SMAs) that have dense populations and high levels of tourism. These azeas also show high levels of growth andJor mobility. The Presence of Adult Businesses and Crime The central question addressed here is whether there is any persuasive evidence that nude entertauunent businesses cause increased levels of crune. In order to demonstrate a causal relationship, such as this, ttuee things must be established. First, the suspected cause must come before the effect. Since the businesses exist prior to the crimes, this condition is met. The second requirement for demonstrating causaiity is showing a correlation between the sUSpect cause and the effect. In the case of the crimes of rape and domestic violence, this condition is not met. The zero order correlations between all three measures o£ nude entertainment and rates of rape and domestic violence are essenrially zero_ This is persuasive evidence that there is no cause and effect relaYionship. While it is true that the existence of a correlation does not establish causality, it is also true that the absence of any correlation provides persuasive evidence of a e ce of causality. The failure to obtain a significant cortelation between measures of crime rates and nude entertaiiunent businesses even with other variables statistically controlled (in the regression analyses) further reduces any remaining doubt that nude entertainment does not cause these cnmes. In the case of the relationship between Index crimes and nude entertainment, there is evidence of a significant correlation between these variables. The third requirement for demonstrating a causal relationship is the eiimination of altemative interpretations of the correlation. This is the purpose of the multiple regression analysis. Each of the three control • 1� . • ;t n .- �� , • � • variabies in the final regression equafion with Index crimes as a dependent variable was shown to have a statistically significant relationship with the dependent variable. In other words, the correlation between each of these characteristics of counties, such as high population levels or a high proportion of young adults (18-24), and rates of Index crimes cannot be eaplained in terms of the other variables. On the other hand, the statistically significant correlations between measures of nude entertainment and Index crimes disappeaz when these other variables are considered. A high rate of Index crunes in a Florida county, such as Hillsborough, is most likely a result of some combination of these characteristics: tugh population, a high proportion of young adults, and a high level of tourism. There is no evidence in these results that it has anything to do with the presence of or number of nude entertainment businesses. Indeed, the results of this study show that a causal link between nude entertainment and crime rates at the county level is extremely improbable. 1'able 1. Types of �usisiesses featairing mude or senni-nude l�ve perf'os�aances by femsale perfoa-�ers by soummty> Count TYPE Total Bikini Lingerie Massage ❑COUNTY Alachua 0 ❑ Bay 0 0 0 Bradenton 0 1 0 Brevud 0 0 0 Broward 0 3 0 Charlotte 1 0 0 Collier 0 0 0 0 2 1 43 0 2 3 0 0 3 27 0 0 8 9 ❑ 2 10 90 ❑ Lee 7 ❑ Manatee 0 ❑ Marion0 0 0 Monroe 0 0 0 Okaloosa 0 0 0 Orange4 0 3 5 Nude Pastie Swing Topless 0 0 2 0 0 0 1 0 6 7 0 0 0 0 1 1 0 0 8 9 16 1 6 10 36 1 0 0 0 2 0 1 0 1 ❑ 6 54 ❑ Duval 21 ❑ Escambia 0 0 Hilisborough 3 43 8 1 0 0 0 0 11 0 0 0 � 0 1 1 0 2 5 0 1 2 8 1 0 0 4 5 2 0 10 24 ❑ 0 2 ❑ ❑ ❑ ❑ ❑ Dade 0 0 0 0 I 24 0 1 5 2 13 ❑ ❑ ❑ Palm Beach �T ��i - _ � . J �_. �, . 0 1 2 15 0 0 4 22 ❑ Pasco 1 2 0 2 0 0 5 10 ❑ Pinellas 5 13 0 10 1 0 I1 40 ❑ Sarasota 0 7 0 1 0 0 2 10 ❑ Seminole 0 0 1 1 1 0 4 7 � St. Johns 1 0 0 0 0 0 0 1 ❑ St. Lucie 1 0 0 2 0 0 1 4 ❑ Volusia 1 0 0 2 2 1 4 10 ❑Tota139 83 15 135 9 15 105 401 ❑ Legend: Bildni=dance club with women in bikumis, Lingerie=lingerie modeling salon, Massage—�nassage salon, Nude=tlance club with nude dancers, Pastie=dance club with dancers wearing pasties, Store=adult bookstore with nude dancers performing occasionally, Swin�swingers club, Topless=dance club with topless dancers Tabie 2 Rate of rape per l 00K 1999-200I by county. Average rate of rape per 100K for Counry 1999-2001 Levy 27.92 Dixie 120.29 Alachua 116.82 Leon 11634 Polk 110.92 Hamilton 109.95 Pinellas 104.73 Marion 9931 Gilchrist 99.27 Osceola 97.58 Volusia 96.94 Brevard 96.86 Escambia 96.83 Duval 96.66 Suwannee 96.00 Hendry 95.65 Okeechobee 94A2 IPilLrboreugh 91.96 Santa Rosa 90.59 Taylor 87.00 Lake 86.69 Liberty 86.44 Putnam 85.46 St. Lucie 8539 • � • � �: �' • � � Clay Orange Gadsden Hernando Bay Lee Glades Wakulla Dade Okaloosa Holmes Citrus Columbia Gulf Collier Indian River 85.13 82.63 82.53 82.41 81.83 81.71 78.98 77.43 76.55 75.22 74.99 74.90 74.73 74.68 74.45 71.88 Table 2 n continued. County Manatee Palm Beach Desoto Bradford Jackson Monroe Broward Seminole Sumter Pasco Union Baker Sarasota Highlands Nassau Franklin Flagler Jefferson St. Johns Martin Average rate of rape per 100K for 1999-2001 67.29 65.51 65.05 61.63 61.04 60.88 57.52 5623 56.12 54.96 53.73 51.10 50.09 4935 48.47 48.47 43.24 42.09 39.65 39.02 , Hardee Walton Lafayette Madison Charlotte Washington Calhoun �� ,;� . : , .. • � 36.61 34.08 33.26 29.89 13.88 7.81 7.27 N Muumum Maximum Mean Std. Deviation Average rate of rape per,100K for 1499-2001 67 7.27 127.92 72.7448 26.99432 Valid N (listwise) 67 Table 3. Average rate of Index crimes for 1999-2001 by county. County Dade Orange d3ilTsborough Leon Duval Alachua Palm Beach Putnam Madison Osceola Monroe Polk Pinellas Manatee Bay Broward Levy Average rate of index crimes per 100K for 1999-2001 8335.93 7623.77 7339017 6933.80 6876.17 6'�61.03 6610.73 6469.63 6226.13 6080.60 5736.63 5644.43 5521.13 5441.73 5361.87 5051.40 4992.70 • �, , . � � • Volusia 4963.60 Lee 4854.17 Hendry 469130 St Lucie 4580.47 Marion 4497.10 Escambia 4478.40 Brevazd 4458.40 Columbia 4414.27 Suwannee 4263.93 Indian River 4233.23 Hardee 4212.17 Okeechobee . 4198.67 Pasco 4195.80 Sazasota 4188.50 Hernando 4187.67 Seminole 4135.50 Collier 4115.30 Gadsden 408437 Highlands 4059.83 Taylor 4050.40 Lake 4048.00 Desoto 4004.07 Table 3 n continued. Average rate of County rape per 100K for i 999-2001 Nassau Franklin Dixie Clay Martin Bradford Glades St.Johns Wakulla Walton Hamilton Okaloosa Jefferson Gilchrist 3ackson 3973.73 3824.97 3613.07 3604.97 3562.27 3533.97 3520.97 3494.83 3164.87 3072.87 2975.20 2934.50 2875.93 2874.60 2759.77 � � ; ,� � :_. Flagler 2652.67 • Chariotte 2561.83 Sumter 2484.37 Baker 2473.97 Gulf 2406.80 Citrus 2400.10 Santa Rosa 2341.60 Liberiy 1409.20 Union 126437 Washington 1189.83 Calhoun 1119.00 Holmes 1104.30 Lafayette 321.50 N Minimum Maximum Mean Std. Deviation Average rate of index crunes per 100K for 1999-2001 _ 67 321.50 8335.93 4111.0229 1671.60546 Valid N (listwise) 67 ,� Table 4. Average rate of domestic violence for 1999-2001 by county. Table 4 n continued_ Average rate of rape per 100K for County 1999-20Q1 Leon 703.42 Nassau 699.21 Liberty 696.47 Sumter 68635 Citrus 676.42 Highlands 673.94 Monroe 664.42 Pafm Beach 650.48 Holmes 648.10 L,ee 646.71 • St.Johns 598.13 � E; " • � Seminole Franklin Bradford Jackson Gulf Okaloosa Baker Indian River Browazd Sarasota Martin Calhoun Jefferson Washington Union Gilchrist Chazlotte Lafayette 594.85 550.97 544.74 54234 526.56 523.60 501.99 490.73 476.87 463.45 463.15 420.62 407.52 406.28 339.73 308.09 227.64 142.88 N Minimum Maximum Mean Std. Deviation Average rate of domestic violence per 100K for 1999-2001 67 142.88 1562.38 748.2042 252.63996 Valid N (listwise) 67 T'able 5. Itesvtts of regression �nadyses on ra2es of rape 1999-2001, ,�•. .�.„,, Model R R Square Adjusted R Square Std. Error of the Estimate 1 .504(a) .254 .230 23.67976 a Predictors: (Constant), Percentage of population 18 to 24, Avg. rate of non-sexual assault 1999-2001 �2�gression Cmeffcients(a) wi�3a controd variabies as pre�ictors. �oeff caents(a� • Model Unstandazdized Coefficients Standardized Coefficients B Std. Error Beta 1 (Constant) 29.7119.894 3.003 .004 Avg. rate of nonsexual assault 1999-2001 .055 .016 Percentage of population I 8 to 24 2.221 .947 .2b0 t Sig. 377 3.408 .001 2347 .022 �1 � � �0 4 a Dependent Variable: Average rate of rape per IOOK for 1999-2001 Table 5 n Continued �egression Coefficie�ts(a) with lotafl number of adulf entertainment businesses addecl to equation. Coeffieients(a) Model Unstandardized Coefficients Standardized Coefficients B Std. Error Beta 1 (Constant) 29.822 9.974 2.990 .004 Avg. rate of non-sexual assault 1999-2001 .053 .017 367 Percentage of population 18 to 24 2246 .958 .263 2345 Total number of adult businesses .059 .211 .032 .278 a Dependent Variable: Average rate of rape per 100K for 1999-2001 Coefficients(a) Model Unstandardized Coefficients Standardized Coefficients B Std. Error Beta I (Constant) 29.702 9.986 2.975 .004 Avg. rate of non-sexual assault 1999-2001 .055 .017 378 Percentage ofpopulation 18 to 24 2.220 .957 .260 2321 Total number of nude businesses (includes massage and lingerie) -.017 .986 a Dependent Variable: Average rate of rape per 100K for 1999-2001 Table 5 n Conrinued t Sig. 3.118 .003 .022 .782 t Sig. 3.266 .002 .024 -.005 .267 -.002 R�gression Coeffcients(aa �itla #a#al number of aeude da�ee cdubs adde� Qm ecgasaEio�. � � • • � Coefficients(a) Model Unstandardized Coefficients Standardized Coefficients B Std. Error Beta 1 (Constant) 29.549 9.972 2.963 .004 Avg. rate of non-seaual assault 1999-2001 .056 .017 .388 Percentage of population 18 to 24 2.198 .955 .257 2301 Total number of dance clubs (nude only) -.168 .466 -.041 a Dependent Variable: Average rate of rape per 100K for 1999-2001 Table 6. Regression equations for rates of Index crimes 1999-2001. �� .c�" t ' Sig. 3.362 .001 .025 -361 .720 ,�� ,,,�,; Model R R Square Adjusted R Squaze Std. Error of the Estimate 1 .730(a) .533 .510 1169.67953 a Predictors: (Constant), Percentage increase in pop due to tourism, Percentage of population 18 to 24, Average population 1994-2001 • � � � i� � '� � _ . Regressian coeffficien@s(a) evitta just con6a�at aardables in the ecquatio� Coef4icients(a) Model Unstaudardized Coefficients Standazdized Coefficients t Sig. B Std. Error Beta 1 (Constant) 1989.519 431.910 4.606 .000 Percentage of papulation 18 to 24 132.811 45.721 .251 2.905 .005 Average population 1999-2001 .002 .000 .584 6.734 .000 Percentage increase in pop due to tourism 9903.052 2868.130 300 3.453 .001 a Dependent Variable: Average rate of index crimes per 100K for 1999-2001 . �, I .. � � :i �� . i .:• el I2egression coefficienYs(a) svitl� tota3 numbea oi adult b�asinesses added to the equation �oeffcients(a) Model Unstandazdized Coefficients Standardized Coefficients t Sig. B Std. Error Beta 1 (Constant) 2016.152 433.011 4.656 .000 Perceniage of population 18 to 24 132.290 45.748 .250 2.892 .005 Average poputation 1999-2001 .002 .001 .469 3.192 .002 Percentage increase in pop due to tourism 9874.797 2869.769 .299 3.441 .001 Total number of adult businesses 16.136 16.692 .142 .967 .337 a Dependent Vatiable: Average rate of index crimes per 100K for 1999-2001 • � • �' « .x � � -.�� , - �. � 'J . 'TBiBIC 6 - COIItiIIlled Coeffacients(a) Model Unstandardized Coefficients Standazdized Coefficients t Sig. B Std. Error Beta 1 (Constant) 2003.782 435.614 4.600 .000 � Percentage of population 18 to 24 132327 46.015 .250 2.876 .006 Average population 1999-2001 .00� .001 .542 4356 .000 Percentage increase in pop due to tourism 10029.831 2898.135 304 3.461 .QOl Total number of nude businesses (including massage and lingerie) 8.639 18.134 .059 .476 .635 a Dependent Variable: Average rate of index crimes per 100K for 1999-2001 u � �` , __� � � � � U Tab]e 6 - Cantinaaed Itegression coefficients(a) wfitin araa�$rer af nude dance clnbs added to tlne equatioa� Coefficients(a} Model Unstandazdized Coefficients Standazdized Coefficients t B Std. Enor Beta 1 (Constant) 1932.591 439340 4.399 .000 Percentage of population 18 to 24 134.591 45.920 .254 2.931 Average population 1999-2001 .003 .001 .707 3.933 .000 Percentage increase in pop due to tourism 9602.964 2902.589 3.308 .002 Total number of dance clubs (nude only) -35.732 45.749 -.139 a Dependent Variable: Average rate of index crimes per 100K for 1999-2001 Sig. .005 .291 -.781 .438 � Table 7. Regression equations with domestic violence in Counties as dependent variable �. r .. �. . ... :.:�f �,.. Model R R Squaze Adjusted R Square Std. Error of the Estimate • 0 � �� ,:: 1 .482(a) .233 .221 222.98643 a Predictors: (Constant), Avg. rate of nonsexual assault 1999-2001 Regression coefficients(a) wifh one conirol variable as predictor: Coefficients{a) Model Unstandardized Coefficients Standardized Coefficients t Sig. B Std. Error Beta 1 (Constant) 459.249 70.540 6.510 .000 Avg. rate of nonsexual assault 1999-2001 _655 .148 .482 4.441 .000 a Dependent Variable: Average rate of domestic violence per I OOK for 1999-2001 Regz�ession coeffacients(a) with num►ber of adult businesses added to eqaaatfion. Coeffieients(a) � Model Unstandardized Coefficients Standardized Coefficients t B Std. Error Beta 1 (Constant) 459.644 71.714 6.409 .000 Avg. rate of nonsexual assault 1999-2001 .653 .156 .481 4.182 Total number of adult businesses .083 1.978 .005 .042 .967 a Dependent Variable: Average rate of domestic violence per 100K for 1999-2001 Table 7. Continued Sig. 111 IZegression Coeffc�ents w�th mmuml�er of nude bazsenesses (inclurlang �sassage anel T�ngeree �codelang bus�esses) aaltled to ti�e eq�at�on, Coeff caents(�) Avg. rate of nonsexual assault 2999-2001 .661 .154 .487 4300 .00Q Total number of nude businesses (includijng massage and lingerie} -370 2.511 -.017 -.147 .883 (a) Dependent Variable: Average rate of domestic violence per 100K for 1999-2001 Model Unstandardized Coefficients Standardized Coefficients t Sig. B Std. Error Beta I (Constant) 457.889 71.675 6388 .000 • P, 'y� i,k^ t�: �..� �' -' Rega�ession coeffncients(a) with meamber �f naade dance slutas added to the equataon. Coefficients(a) Model Uvstaudardized Coefficients Standardized Coefficients t Sig. B Std. Error Beta 1 (Constaut) 452.211 71.189 6352 .000 Avg. rate of nonsexual assault 1999-2001 .687 .153 .506 4.501 .000 Total number of dance ciubs (nude only) -3.672 4356 -.095 -.843 .402 (a) Dependent Variable: Average rate of domestic violence per 100K for 1999-2001 flteferences Bausennan, R. (1996). Sexual Aggression and pomography: A review of correlational research. Basic and Applied Social Psychology, 18(4), 405-427. Baron, L. and Straus, M. A. (1987). Four theories of rape: A macrosociological anatysis. Social Problems. 34: 467-488. Baron, L. and Straus, M. A. (1989). Four theories ofrape in American society: A state-level analysis. Yale University Press. New Haven, CN. Ben-Veniste, R. (1971). Pornography and sex crune: The Danish experience. In Technical Report of the Commission on Obscenity and Pornography (Vol. 7, pp245-261). Washington DC: U.S. Govemment Printing Office. Davis, C. M. and Bauserman, R. (1993). Exposure to sexually explicit materials: An attitude change perspective. In J. Bancroft (Ed.), Annual Review of Sex Research. (Vol. 4, pp.121-209). Mt. Vemon, IA: Society for tfie Scienrific Study of Sex. Florida Family Association. (2003). Crimes related to nude entertainment. Florida Family Association, Inc. Tampa, FL. Genhy, C. (1991). Pomography and rape: An empirical analysis. Deviant Behavior, 12: 277-288. Jaffee, B. and Straus, M. J. (1987). Sexual clunate and reported rape: A state level analysis. Archives ofSexual Behavior, 16, 107-123. Kutchinsky, B. (1985). Pomography and its effects in Denmark and the United States: A rejoinder and beyond. Comparative Social Research, 8, 301-330. � � • • Linz, D. (1989). Exposure to sexually explicit materials and attitudes towazd rape: A comparison of study results. Journal of Sex Research, 26, 50-84. Linz, D., Donnerstein, E. and Penrod, S. (198'n. The findings and recommendations of the Attorney Generalis Commission on Pomography: Do the psychological facts fit fhe political fury2 American Psychologist, 42: 946-952 Nicholls, L. L. (197�. Tourism and crime. tlnnals ofTourism Research. 3:176-182_ Scott, J. E. and Schwalm, L. A. (1988). Rape rates and the circulation rates of adult magazines. Journal ofSex Research, 24, 241-250. Cases cited: Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991) City of Erie v. Pap's A.M., 120 S. Ct. 1382 (2000). � r� LJ 4 3 1 � • Received Mazch 28, 2005 � � � � ^ _ F � !^ CIT�' OF ST. PALTL, 1VIIl�1NESOT� AD�TLT US� ZONING REGULATIONS l�I1A�T�D TO � l :!� i' 1 i . R •. ' ' ` ��\� � �_ � � Prepared For Music & More, St. Paul, Minnesota McL.aughlin Consulting Services, Inc. January 8, 1996 T3/9553R1 Indian Rocks Beach, Florida (813) 595-7634 R. Bruce McLaughlin Member, American Instimte of Certified Plaaners � • 0 5- �� : ga � : t a City o£ St. Paul Adult Use Zoning Regulations - "Bookstore Definition" Preliminary Planning Review ACKNOWLEDGMENTS January 8, 1996 � Mcl.aughlin Consuldng Services, Inc. and the author gratefully acknowledge the assistance of the following in providing information and insight for this PreIiminary Planning Review: Music & More Randall D. B. Tigue, Esq., Attorney at Law City of St. Paul Planning Department Ciry of St. Paui City Clerk's Office City of St. Paui Assessor's Office Ivfinneapalis/St. Paul ivfetropoIitan Councii City of St. Paul Public Library Minnesota Chapter, American Planning Association Un:ted States Department of Commerce, Bureau of the Census and the numerous reports, individuals and organizations credited in the foomotes in this Preliminary Planning Review. NOTE This Plannina Review was commissioned by the client just prior to Christmas, 1995, and was required to be completed for a hearing on a Motion to Dismiss set for January 8, 1996. Most of the local research normally nndertaken for tfiis type of Planning Review was completed and is reflected herein, but there are some issues and analyses which require further work or consideration. In addition, the property vaine data shouid be reconfifirmed, and certain apparent anomalies therein further examined. Accordingly,this Planning Review should be considered as "Preliminary" McLaughlin Consaltiag Services, Inc_ India*s Rocks Beach, riorida � C � ��_�� :E -City o£ St. Paul- � Adult Use Zoning Regulations "Bookstore Definition" Prelim+_aary Pl�nring k=view 11 CERTIFICATION OF FINDINGS � Januar"y 8, 1996 The fmding presented in this report have been predicated on accepted standards and practices of urban planning and consistent with the Code of Ethics and Professional Conduct of the American Institute of Certified Planners. R. Bruce McLaughiin, AICP, certifies that: 1. The statement of facts contained in this report are true and coaect 2. The reported analyses, opinions, and conclusions aze limited only by the reported assumptions and luniting conditions and are my personal, unbiased, professional analyses, opinions and conclusions. 3. The analysis and opinion are limited to my analysis of the impact of Adult Bookstore without on-premises consumption. 4. R. Bruce McLaughlin has no present or prospective interest in any subject property in St. Paul, Minnesota, and has no particular interest or bias with respect to any issues material to the subject litigation or to the parties invoived; 5. Compensation to R. Bruce McLaughlin is not contingent upon the reporting of predetermined conclusions or upon a specified decision by the Coun or any other public entity; 6. My analyses, opinions and/or conclusions were developed, and this report has been prepared in confomuty with standards of professional land use planning for the preparation of such reports and analyses. 7. I have made a personal inspection o: the property that is the subject of this report. I have also made a personal inspection of some of the comparisons properties upon which I have relied in this report. The subject and comparable properties were as � 0 represented in this report. No persons otherthan those named herein provided significant professional assistance to R. Bruce McL,aughlin. In understand that Yhis report is to be used in litigation related to Music & More on FJest 7th S�eet in St. Paui, Minnesota. R. Bruce McL,aughlin, AICP Certified Planner 3051 � McLaugh2ia Consvlting Services, 7nc_ Indian Rocks Heach, Florida a� V � r � `' [% � 1 i �City of St. Paul Adult Use Zoning Regulations - "BOOkstore Definition^ Preliminary Planning Review 111 TABLE OF CONTENTS A. i. 2. 3. 4. 4.1 4.1.1 4.1.2 4.13 4.2 4.2.1 4.3 ACKNOWLEDGMENTS IVOTE CERTIFICATION OF FINDINGS INTRODUCTION AND BACKGROUND � 'JRP:�SE BACKGROUND METHODOLOGY THE CITY OF ST. PATIL Locarion, History, and Physical Features L.ocation History Physical Features Land i3se Planning Area Analysis Population 5. EXISTING USES 5.1 The Adult Use 5_2 Adjacent Area B_ PLANNING CONTROLS 6. MINiVESOTA LAW January 8, 1996 i i ii A1 A1 A7 A10 A13 A13 A13 A13 A15 A15 A16 A21 � I� : m� � � McLaughlia Coas¢lting Services, Iac. Indian Rocks Beach, Flarida • ; _ � ,� �- _ o r. r. r� . • • • City o^." St. ?aul Pdult tise Zoniag Regulatio.^_s - "Bookstore De°inition" ?rel:m:nary Pla�_ iag Revi°w 1V TABLE OF CONTENTS. (cont.l 7. THE CITY OF ST. PAUL COMPREHENSIVE PLAN 7.1 The Comprehensive Plan 7.2 District 9 Plan 73 Brewery/Ran-View Smatl Area Plan 8. ZONING CODE 9. ADULT USE ZOlVING REGULATIONS 9.1 Required Basis 9.2 Ordinance Predicates 9.3 The Adnit Use Regulations C. ORDINANCE APPLICATION 10. GEIeTERAL 11. STUDY AREAS 12. BLIGHT 13. DEMAND FOR POLICE SERVICES 14. PROPERTY VALUES 15. ANALYSIS 15.1 Facial Considerations 15.2 As Applied D. SUMMARY AND CONCLI7SIONS I6. SUMIvIARY McLaughl:n Coasalting Services, Lnc. January 8, 1996 :• I: t I: • : B24 B30 B30 B32 B48 C1 Cl CS C10 C15 C21 C24 C24 C27 Dl B1 Indian Rockcs Beach, Florida � : � r, i"�� ` �: ;: .�� _�; ` �' : City of St. ?aul - Adult Use Zoning Regulations - "BOOkstore Deiiritioa�� Preiimina_ry Planning Rev_ew ` w .w . � 1 January B, 1996 � r TABLE OF CONTENTS. (cont.l 17. CONCLUSIONS Maps ?. L�catior. S APPENDICES A. Preparer's Resume B. Analysis of Local Govemment Studies B-1 St. Pau1, 1978 B-2 St. Paul, 1987 B-3 St. Paul, 1988 B-4 Tunes Square B-5 Adams County, Colorado B-6 Amarillo, Texas B-7 Austin, Texas B-8 Indianapolis, Indiana B-9 Los Angeles, Califomia B-10 Minnesota Attomey General B-11 Oklahoma Cir,�, Oklahoma B-12 Phoenix, Arizona C Adult Use Zoning Regulation Summary D3 fy�.L�! • McLaughlin Consulting Services. Inc. Iadian Rocks Beach. F1Qrida • u ; . _ � ", City o£ St. Paul • Adu2t Use Zonir.g Regulatioas - "3ooksto:e De�i^it�on" Preliminary Planning �ev:ew /:� 1 . A1 INTRODUCTION AND BACKGROUND PURPOSE January 8, 1996 The Ciry of St. Paui has purported to enact certain restrictions on the establishment, maintenance and operation of Adult Uses as defined in the St_ Paul Zoning Ordinance. The exact Ordinance requirements for Adult Uses aze set out in Chapter 9 of this Preliminary PIatming Review. These resuictions have been recently amended to more precisely define an "Aduit Bookstore". As a result of the more precise defurition of the term Adult Bookstore, a number of those uses have been charged with violating the City Code. However, the City of St. Paul did aot study the issue of whether or not Adult Bookstores, as nodv defined, cause the alleged "adverse secondary effecu" which pernut the regulatioa of Adult Uses. Adult Bookstores have traditionally been a mixed use of retail sales of adult books and magazines, retaii sales or rentals of adult videos, (previously adult films,) and on-premises viewing of adult videos Qr films, generally known as an "adult mini-theater" or "peep shows". • Mcl,aughli.n Consu3.tisg Services, Sac. Indian Rocks Beach, Florida �D� City o£ St. Paul� Adult Use Zoning Regulations - "Bookstore De£inition" Preliminary Planning Review A2 Sanuaxy 8, 1996 �. This ]atter function consists solely of on-premises consumption, and, at a limiied number of Adult Bookstores in the country has proven to be problematic. However, in recent years, more and more Adult Bookstores have become a single functior land use, limited to the sale of aduit books and magazines, and the sale or rental of adult videos. In other words, these stores are now lunited to "off-premises consumption" of their adutt materiaI, without the "on-premises consumption" of an aduit mini-theater or peep show. Notwithstanding this change m the nature of Adult Bookstores, many local governments • • continue to reguIate this land use as a traditional Aduit Bookstore, with on-premises consumption. ' Further, these regnlations are purportedly based on the same governmental studies which allegedly documented "adverse secondary effects" of other Adult ITses. 13owhere to the Consultant's imowledge, wizh the exception of the City of Daytona Beach, Florida, fiave any studies been done which consider Adult Bookstores without on-premises consumption. 1 Although, following the TakwiZZa, decision, infra, at least one Western +aashington 1oca1 government (the City of Everett,) amended its Adult Use Zoni,ng Itegczlations to exclude Adu1t Bookstores without ^on-premises consumption". McLaughlin Consulti.ng Services, 2nc. Indiaa Kocks Heack, Florida • ey � �� ' I _City o£ St. Paul_ A 3 �January 8, 1996 • Adult Use Zoning Regulztions - "Bookstore Dei_nitio�° nrelimi;ia�y Plarui:ng Review This omission was fatal to the Adult Use Aduit Use Zoning Regulations of the City of Tukwilla, Washington. In World Wide Video v. Ciry of Tukwilla, 816 P.2d 18 (Wash., 1991), the Coun held that Adult Use Zonin� Regulations aliegedly written to address the adverse � secondary effects of businesses that were predomiaaatty mini-theaters or peep shaws, Z coutcl not be used to regulate Adult Uses that provided "predominantly 'take home' merchandise". The Court found that the Tukwilla Ordinance "strives to regulate forms of expressive activity different from those in the materials upon which it relies" and that, therefore, "no substantial governmental interest has been demons�ated." From a factual standpoint, based on accepted planning practices and predicates, the Tukwilla holding is absolutely appropriate, and demons�ates the only rational basis for "keeping the pig out of the parlor", as required by American Zoning jurisprudence. 3 Accordingly, the purpose of this Preliminary Planning Review is four-fold: 1. to analyze and report on the "predicates" to the amendment to the amendment to z Known as "panorams" in Washington State. 3 Village of Euc2id, Ohio v. Ambler Realty, 272 U.S. 365, S7 S.Ct. 114 (1926). � • McLaughlin Consultiag Services, inc. Indian Rocks Beach, Florida � ;1 . � City of St. Paul Adult lise Zoning Regulatioas - "Bookstore Defiiiition" Prelimirary Planning P.eview � 3 � '�'� the City of St. Paul Adult Use Zoning Regulations; January 6, 1996 to determine if the City of St. Paul Adult Use Zoning Regulations are, on their face, and from a factual standpoint, a valid exercise of the City's poIice power, or if they are facially arbitrary and capricious and unrelated to the legitimate exercise of the police power; to detezmine if the City of St. Paul Adult Use Zoning Rea lations, as applied to one particular site, ° aze, from a factual standpoint, a valid exercise of the City`s police power, or if, as appIied to the subject site, ihey are arbitrary and capricious and unrelated to the valid exercise of the police power; to determine if, based on the previous three analyses, the amendment to the definition of "Adult Bookstore" in the City of St. Paul Adult Use regulations, as set out in Chapter 9, below, appears to comply with the Constitutional requirements for such regu2ations. With respect to purposes i and 2, Music & More is a music and novelry business with a separate room containing adult videos fot sale or rent, and a few "soft core" adult magazines for sale. The room occupies approximately 575 square feet, and the buiiding has a ground ` Music & More, 961 West 7th Street, St. Paul, hereinaiter: "Music & More". McLaughlin Consulting Services, Iac. Indian Rocks Beach, Florida . • • AS 0�-I�� _City o£ St. Paul_ • Adu1t Use Zoning Regulations - "Bookstore Deiinition" Prelimiaazy Pianning Rev:ea January 8, 1996 floor area of 2,126 square feet, a basement azea of 2,087 square feet and a second floor area of approximately 2,100 square feet. As defined ia an interun amendment to the City of St. Paul Zoning Ordinance, Music & More is an Adult Bookstore offering a form of expression protected by the First Amendment co the Constimtion of the United States. Music & More exisu in a location ailegediy unlawful as a result of the passage of the City's Amended Adult [3se Zoning Regulations. 5 The location of Music & More is described in detaii in Chapter 5, below. . • Because of the new definition of Aduit Bookstore, the location occupied by Music & More is an ailegedly uniawfui location pursuant to ihe St. Paul Adult Use Zoning Regulations 6 , which purport to permit Aduit Uses in limited locations, as set out in Chapter 9, below. Music & More commissioned this Planning Review to determine whether or not the Adult IJse Zoning Regulations in the City's Zoning Code, with the aznended de8nition of Adult Bookstore, are both, from a factual standpoint, facially, and as applied to the existing location, arbivary and capricious or are a reasonable exercise of the police power of the City. 5 City Council, City of St. Paul, Title vISS, Chanter 60, City of St. Paul City Code, as amended through Supplement 24, St. Paul, Minnesota, January 4, 1996, hereinafter referred to as the "ZOning Code". 6 26id. McLaughlin Consultisg Services, Zac. Sndian Rocks Heach, Florida f{x ;, � 05-�OC � City of St. PauZ A 6 Janua=y B, 1996 Adult Use Zoning Regulatsons - � "3�okstore Definition" ' Prelimina± Planning Review _ This Preliminary Planning Review will thus consider the overall Adult Use Zoning Regulations of the City of St. Paul, and their application to the existing location of Music & More, and reach a conciusion from a planning standpoint as to the reasonableness or otherwise of the regulations. � McLaughlia Coasc:.ltiag Sexvices, 7nc_ indiaa Rocks Heach, Flo=ida • City of St. Paul - • Adu1t Use Zoning Regulations - "BOOicstore Definition" Prelimina?y Plarning ?eview 2. BACKGROUND • • A7 ��—��t,�s January 8, 1996 Essentially, Aduit Uses, as defined in Chapter 9, below, offer a form of expression' protected by the First Amendment to the Constitution of the United States. While Adult Uses may, under certain conditions, be regulated on a content-neutral, time, place and manner basis, the Adult Use regulations must not be arbivary and capricious, as defined by the particular facts of a city, and by the case law, and must be based on a reasonable belief that the regulations are designed to preclude "adverse secondary effects" oi Adult Uses which a city might experience. Further, the Aduit Use regulauons must provide adequate alternative avenues of communication, as defined by the particular facts of a local govemment jurisdiction and by the case law. With respect to the Adult Use Zoning Regulations themseives, ihe Zoning of real properry has been approved by the Supreme Court of the United States as a Constituuonal exercise of the poiice power, provided that the Zoning Regulations imposed are designed to "keep the pig eut of the parlor". The landmark Zoning decision is ViZlage of Euclid, Ohio v. Ambler Realty, ' Excluding "obscene" �mression, which is not protected. MeLaugklin Consaltiag Sexvices, Zne. Indian Rocks Beach, Florida 05-�0� City of St. Paul AduZt Use Zoning Regulations - "Books�ore Definition" Prelimina�y P1arL*iing Review supra. � Jaauary 8, 1996 • Numerous subsequent decisions have approved Zoning Reb latians as a.Constitutional exercise of the police power. When Zaning Regu.tations have been found to be unconstitutioml, they may be f2cially unconstitutional g or unconstitutional as applied to a particular property. 9 Thus while Adult Uses may be regulated, such regulations must be on the basis that Zoning RegulaLOns governing Adult Uses are aimed at the "adverse secondary effecu" of Adult Uses, 10 in other words, an effort to "keep the pig out of the parlor". " a e.g_ Pearson v. City of Grand Blanc, 961 F_2d 1211, I216 (6tn Cir. 1992). ' See, e.g. Whee2er (SJ v, City of Pleasant Grove, 664 F.2d 99 (Sth Cir. 198I), affirmed, inter aZia, wheeSer [SV) v. City of PZeasant Grove, 896 F.2d 1347 (llth Cir. 1990). 20 See, e.g. Barnes v. GSen Theatre, Inc., 111 S.Ct. 2546, (1991); InternationaS Eateries of Anerica, inc_ v. Broward Covnty, Florida, 9�I F.2d 1157 (11th Cir. 1991). '� Many local governments have oroduced "studies" which puroort to establish a correlation between A3ult Uses, higher crime rates, urban blight, and lower property values_ When these "studies" are closely examiaed, it is clear that not one study reviewed by the Consultant has been done in a£ashion that is professionally, academically or scientifically sound. (Some studies have portions which are properly doae, but no study has been comnleted in total in an appropriate manner.) Ftiarther, most of these "studies" begin with a bias, although the Indianapolis Study aclmowlenges that it is unclear whether AduSt IIses locate � in y � areas already subject to decline, or whether tney cause the alleged decline. l�r� Z.QS Aageles Study found no direct causal relationshin between Adu1t IIses and • McLaughlin C�1t�g Sexvices, Inc. Iadian Ftocks Beach, Florida • . • City o£ St_ ?aul Adult Use Zoning �egulations - "BOOkstore De£inition" � Preliaiaa:'y Pla*ining Review � Q �- L<^,� Janu3iy B, 1996 This Preliminary Pianning Review will determine whether, both on their face, and as applied to the site occupied by Music & More, the ameuded Aduit Use Zoning Regulations of the City of St. Paul are arbitrary and capricious or whether they do, in fact, "keep the pia out of the parlor" . property values. In Kent, Washington, an opinion survey of appraisers nroduced the result that Adult Uses would have no e£fect on pronerty values in commercial areas, although they could possibly affect residential property values. One apnraiser actually opined that an Adu1t Use could have a positive effect on a declining area. Empirical data collected by the Consultant reveal that there is not the causal relationshin g rortedly found by the "studies". • McLaughlin Consultiag Sezvices, Snc. Indian Rocks Beach, Florida 05 � z City o£ St. Pau1 Adult Use Zoning Regulations - "BOOkstore Definition" Preliminary Planning R=view A10 January 8, I996 3. METHODOLOGY Tlus Preliminary Planning Review was undertaken using traditional planning research techniques. The Planning Review begins with a description of the City of St_ Paul, and of Music & More and its area. The Plannin� Review then considers the planning related legislation governing the State of Minnesota and the City of St. Paul. The Preliminary Planning Review also considers the City of St. Paul Comprehensive Plan IZ which provides some background and reflecu to an extent on the Adult Use Zoning Regulations. On the basis of the underiying controls of the State L.egislation and the Comprehensive Plan, the Planning Review then considers the Zoning Regulations their Adult Use provisions, and particularly the amended definition of "Adult Bookstore", leading to a conclusion as to wherher or not the Amended St. Paui Adult Use Zoning Regulations are reasonable or not, both on their face and as applied to ihe existing Music & More facility. �' Planning Division, City of St. Paul, A Plan for Land Use, adonted by the St. Paul Planning Commission, 9/12/80 and by the City Covncil 11/20/80, hereiaafter referred to as the "Compreuensive Plan"_ This document is only one of several Elements of the City's 1980 Comprehensive Plan, but is the most ge�a*=P to this Prelimi.nary Planning Review. McLaughlin Consultiag Services, Znc. Indian Rocks Seach, Florida . • • • F � .City of St. Pau� . • Adult Use Zoning Regulatio^s - "BOOkstore Definition" Preliminary Pla*u=iag Review • A 11 0 �°�yOC? Ja�uazy 8, 1996 This Preliminary Planning Review is based on the fact that ail Adult Uses have an underIying retail or service commercial use_ Adult Uses are adult bookstores, (with and without "on- premises consumption,") adult theaters, special cabazeu, sexual encounter establishmenu, and adult photograghic aad modelling studios. A11 of these uses have, as their basic characteristic, a commercial nature such as any other bookstore, theater, studio, or place of entertauunent. This underlying commercial use is retail or service in nature and must, at least in the first instance, be treated as a commercial oze. 13 Acknowledgment of the commercial nature of Adult Uses is found in the fact that the City permiu Adult Bookstores (although as a Conditionai Use,) in the General Business (B-3) Zoning District. Therefore, normally a predicate to the Adult Uses Analysis is whether or not the underlying commercial use is permitted. If the underlying commerciai use is permitted, then this Preliminary Pianning Review wiil consider whether or not there is a rational basis for i' For the most part, consideratioas of tne location of Adult Uses should be no different than considerations of the location of any retail or service cocrenercial use. To the extent that distinctions are made, in the absence of proven adverse secondary effects or a reasonable belief that such secondary effects exist, those distinctions are aimed at the content or speech of the coaune=cial use, and not at r_he commercial use itself_ • MeLaughlin Consultin¢ S�*vices, Iac_ 2ad3aa Rocks Beach, Florida. 05—c�0� City of St. Paul adult Use Zoning Regulatiors - "Bookstore Definition" Preliniaary Planning Review fl 12 January 8, 1996 excluding the AduIt Use. �. <., � On the basis of the foregoing considerations, a final determination of the faciat and as applied reasonableness of the Amended City of St_ Paul Adult iTse Zoning Regulations wili be made. > The Planning Review then repor[s the findings and conclusions of the consultant. This Plannina Review was undertaken by R. Bruce McL.aughlin, AICP, MCIP of McLaughlin Consulting Services, I:ic. A resume for _the author is included as Appendix A to this Preliminary Planning Review. • • McLaughlin �r+**�+��t;�� Sesvices, Snc_ indian Kocks Beach, Florida • . .City of St. Paul . • Adult Use Zoning Regulations - "BOOkstore De=inition" Prelim_^a*_y Planning �=view � • 4.1 4.1.1 THE CITY OF St. Paul A 13 Location, History, and Physicat Features: Location: , Q!� L�Q� e, Janu�ry 8, 1996 The City of St. Paul is located in South-central Minnesota, as the Southeastem partner of the Twin Cities of MinneapolislSt. Paul and within the Minneapolis/St. Paul metropolitan area. The Twin Cities area is linked by several major bridges across the Mississippi River, creating a unified Metropolitan area. St. Paul is located in Ramsey County, and is the State Capitol. 4.1.2 History: St. Paul u�as first platied in 1�47, generally using a"gridiron" pattem, which spread to the resi of the City. " After its initiai development as an aa icultural support center, the Ciry 14 Planning Division, Comprehensive P1an, op.cit., p. 3. • McLaughlia Consulti.ng Services, Snc_ Indian Kocks Heach, Florida 1 1f city of St. Paul Adu1t Use ZonYng Regulations - "Bookstore Deiinition" Prelimina= ?laxuiing Review �'": A 14 January 8, 1996 began to develop a manufacturing center, and also developed with insritutional uses including the State Capitol and the Universiry of Minnesota. Music & More is Iocated in Plannin� District 9 within the City's Coinprehensive Plan. This area was first settled by an expa�iate Canadian in 1838. Although this original set[lement did not last long, the area was quickly settled anew and by I842 included a warehouse and some "husiness shacks". Is In 1843 land in the area was purchased for a, saw mill and much of the area was cleared for later setdement, including an elegant residential area. The establishment of a steamboat landing and an overland route key to the City's development Iead to the creation of a commercial corridor. By tlze 1870s the area saw extensive rnigratioa from Europe, with these new residents essentia?ly establishing the area as it e�cisu today. ' ls Planning Division, City of St. Paul, District 9 Plan, a3opted by the Planning Commission 2/8/80 and by the City Cowzcil 3/13/60, hereinafter referred to as the "District 9 PZaa", at p. 3. is Id:d., PP- 3 ' 4 - McLaugk:lin C�sulting Services, Inc_ Indian Rocks Beach, F1oT;�1> • \ J • . • City of St. Paul _ • Adult Use Zoning Regulatioas - "BOOkstore De�inition" Prel:minazy P1an_ iag Review 4.1 3 Physical Features: • A 15 Q �- �o� . January 8, 1996 The major physical features of the City are the Mississippi River and the biuff system along the River. 17 In Planning District 9, there are large areas of table land alona the River, and much of the area's subsurface is either peat or bedrock. '$ The area of the City is 35,836 acres (56 square miles,) of which 1,953 acres are water area and 33,883 acres, (52.9 square miles,) are land area. 19 4.2 Land Use: In 1980, when the City was essentially built out, iF had the following existing land use pattem_ 17 Planning Division, Comprehensive Plan, op.cit., p. 3. 18 Planning Division, District 9 Plan, op.cit. , p. 5. 19 Minneapolis/St. Paul Metropolitan Council, Acreage of Municipalities and Townships in the Twin Cities Metropolitan Area with a History of Incozporations and Annexations, Information Bulletin, Publication No. 620-86-�98, St. Pau1, MN. September, 1966, p. 11. • MeLaughlin Consvlt=ng Services, Iac_ Indian Rocics Beach. Floric3a � Q5-4�� _ City o£ St. �u1 ? Adult Use Zozd3ng Regulations - "Bookstore Definition" Preliminary Planning Review Use Residential Commercial Indushial Public/Semi-Public Streets/Alley Vacant Rivers/I,akes Acres 10,908 894 4,680 5,083 8,010 4,308 1,943 �� % of Total 20 30.4 2.5 13.1 14.2 22.4 12.0 5.4 January 8, 1996 �. • • While the City did have some vacant land in 1980, there was not a large amount of usable vacant land. Further, the Ciry's commercial component is extremely small_ 43 Planning Area Analysis: Music & More is located in the City's Planning Distr'ci 9, which is described in tne District 9 2° Planning Division, Cnnmrehensive Plan, Use, op.cit_, p. 3. McLaughLi.a Crnvsulting Services, Inc. Indian �ocks Beach, Florida • � J �City of St. Paul • Adult Use Zoaing Regulations - "BOOks*_o=e De`inition" ?reliminar� ?larsiing Review Plan as follows: A I7 Q� January 8, 1996 "West Seventh is an area of small pocket neighborhoods bisected by a major commercial and traffic arcery, A high percentage of the land is industrial. The land is either bedrock or peat, which makes construction difficult. All areas need some housing improvements. The residential areas are adversely affected by poilution from industry and heavy traffic_ ... "The people of West Sevenrh are predonunantty white, many stili keeping their ethnic heritage alive. Home ownership is strong in the westem neighborhoods, less so in the east. The population is droppina and becoming sliahUy older and poorer. The popuiaiion oi Wesi Seve�� ca, sappoi� as many services, suc� as schools and businesses, as it once did. As a result, the West Seventh Street business strip is turning to regional and citywide markets." Z' � Although an Adult Bookstore, particularly without "on-premises consumption" is essentially a �ighborhood serving commercial use, even in 1980 the area of Music & More was changing to serve a wider commercial base, a clear indicator that Adult Bookstores, unless they are in fact a nuisance, are appropriate land uses in this area. The West 7th Street area was identified in 1980 as having lost 2,500 population in the previous five years, as having a population vrhich was becoming progressively poorer, and as having "lost grocery stores, drug stores, schools and other neighborhood related services." z This 21 Planning Division, District 9 Plan, op.cit., p. 1. • McLaugYxlin Consulting Services, Tsc_ Indian Rocks Beach, Florida . �_ E�� .city oP St. Pa�l . Adu1t Use Zoniii� Regulations - "BOOks*_ore Definition^ Preliminary ?lanning Review � January 8, 1996 �� neighborhood decline was more particularly described as follows: "The major land use problems have been caused by (1) the bisection of the land by transportation arteries; (2) the encroachment of industrial and institutional uses into residential areas; (3) the acquisition of right-of-way for major roads; and (4) the movement of downtown related land uses westward. "Tfie geography of West Seventh has resulted in several small neighborhoods separated from each other. The advantage of this is the opportunity to create many clearly defined neighborhoods. Small resideIItiat areas have the possibility of a s�ong identity among their residents." � Of particular relevar,ce to the foregoing description, at least for the purpose of this Preliminary Planning Review, is the statement that institutional land uses, s�ch as the parochial eleinentary u s school neaz Music & More, have encroached into residential areas. In other words, while the commerciai strip along West 7th is found to be an appropriate land use pattem, the presence of the adjacent school is described an encroachment_ In 1980, the tra�c on West 7th was described as follows: "ResidenYS and businessmen have complained of the high speeds and posted limiu on West Seventh. The level of speeding is well within ihe city averages. ZZ rbia., p. 4. � ibid., p. 5. McLaughlin Coas[xlting 3ervices, Inc_ Indian Rocks Beach, Florida • ; � ,, .;. . � r: w o� City o£ St. Pau2 . � A lc) Januaxy 8, 1996 . P.dult Use Zoning Regulations - � "Boo?cstore De�in_ition" Prelimina: P2a-uiing Review "However, the volume of traffic on the road and the lazge number of trucks given the impression of little opportunity to stop or to cross tIie street." 24 Thus, even in 1980, West 7th, on which Music & More fronts, was clearly a major road, with sianificant tra�c voIumes, including truck tra�c. �i i2SyZCi iG iuZ CGiiL"1eICiai iflIlu uSCS Gia �i�2Si � u ie PiZSL7'!CI s a Si3IP,S u` i� fCl.v:i'iia�: "The community has reco�*+;�ed the key role of the commercial strip in revitalizing ihe neighborhood. The West Seventu business community and the � West Seventh Federation have joined ranks to tackle business problems. In the past two years, a I,ocal Development Corporation was formed to encourage business improvemenu on the street. "The result has been a steady improvement in West Seventh's image of itself. If successful businesses can be retained in the area in the near future, the image wiil be further upgraded, amactir.g more customers and entrepreneurs. m "The West S�venth community lacks the population to support the variety of small businesses which used to thrive there. Great increases in population are unlikely in the near future. However, as population losses are reduced, businesses that serve local needs wiil stay. "The communiry needs more retail stores, including the convenience types. The area would benefit from a business community that does not destroy the social za 7hid_. P- 17. • McLaughlin Coasulr=nq Services, Zn.c_ Indian Rocks Beach, F1a=ida 0 5' �o fl s , 4; _City of St. Paul. Adu1t Use Zoning Regulations "BOOkstore De£inition" Preliminary Planning Review A 20 ID� January 8, 1996 • fabric of the neigfiborhood. Business in tum would profit from being located in a neighborhood with a positive unage. "While most shoppers on West Seventh Street are from the neighborhood, the number of businesses on the street that depend on this market is not large. West Seventh has access to a lazger or city or regional population to support other types of commerce. Most of the businesses expanding on the street have tapped into this mazket. "West Seventh aiso attracts businesses because commercial frontage exists."'� T'hus, the establishment of Music & More is entirely consistent with the concept of the area's economic plan, since, as set out below, i[ does not impact the social fabric of the azea, and, in fact, seems to e�'�ance the ima� of the area. Further, it is a traditional neighborhood serving land use whicfi can expand to serve a wider area, The descriptions of the West 7th area, its existing businesses, and its market potential, show that Music & More fits precisely into both the existing development pattem, and into the targeted forms of new development. (See the discussions in ChapYer 5, below, of the Music & More basiness, and of the land ases in the West 7th area.) 2s Ibid.. n. 29. NU'T.�ughlin Consvlting Sercric_s, 2ac. r+*�;an Rocks Beach, Florida r • e • " City o£ St. Paul . . Pdu1t IIse Zoning Regulations - "Bookstore Definitioa" Preliminary Plaivnsnc Review 4.4 Population: • A21 o � � 'F 0 � Janua_ry S, 1996 r, �. •`; The City of St. Paul population decreased by 12.1 % in the geriod 1970 - Z99Q_'� The Metropolitan Statistical Area, (M.S.A.} including the Minneapolis/St. Paul Metropolitan Area increased in population by 22% in the period 1970 - 1990. Z' Between 1970 and 1990, households in St. Paul increased from 104,126 to 110,249 or 5.9%. Z$ The Region's households, in the same time frame, increased from 573,634 to 875,504, or 52.6%. 29 Population in St. Paul is -projected to increase from 1990 through 2010. 'o For the M.S.A., the population growth was: 's Metropolitan Council of the 2Win Cities Area and Bureau of the Census, Coimnunity Profiles, Housing, Population and Households, St. Paul, Minn. 1993. " Munson, Michael, Keeping tl�e Twin Cities Vital, Population Growth and ResidentiaZ Development, Metropolitan Council, St. Paul, Minn., 1994, Appendix 6, p. 6-8. ze Metropolitan Council and Bureau of the Census, op.cit. 29 Sridhar, V.R_, Co�aunity Profiles, Housing, Population and Households, Metropolitan Council, St. Paul, Minn., 1993. 3o Metro�olitan Council, Regiona2 Blueprint, Ztvin Cities Metropolitan Area, Final Draft, St. Pau1, MN, Septemner, 1994, Apnendix E, n. 80. • McLaughlia Canscilting Services, Zac. In3ian Rocks Heach, Florida �. Q5 �' _ City of St. Paul,�y Adult Use Zoning'jRegulations - � "Bookstore Definition" ` Preliminary Planniag Review Year 1970 1980 2990 Population 1,874,612 1,985,873 2,288 A 22 Chanee % Chan� 111,261 302,848 5.9 I5.3 31 January 8, 1996 Planning Dis�ict 9 had a 1990 population o: I0,724, comprisin� 5,106 males and 5,618 females. The population was 82.4% white, 7_5% black, 1.2% American Indian, and 7.0% Asian and Pacific Islander. The largest age group in the population is 25 - 29, followed by the 30 - 34 age group. There were 2,469 family households, and 2,096 non-family households. 32 Two hundred and seven of the area's permanent residents (1.93%) were incarcerated at the time of the census. Fifty-two point two percent of the population Iived in the same house for at least five years. 33 Almost one £hird of the employed residents (1,573 of 4,774) were employed in tecnnical, sales 31 Munson, op_cit., p. 6-8. 32 Ibid_ 33 Ibid. �, �, • � McLaughlia.COasu2ting Sexvices, Znc. Iadian Rocks Beacn, Florida • ; � �a � ;; . .City o` St. Paul . • Acult Use Zoaing Regulations - "Bookstore De=inition" Prelimiazry Planning Review i A 23 o�-j�,o� �January 8, 1996 and administrative support jobs. The median household income in Planning District 9 was $22,340, with 1,122 households having an income of less than $10,000. 34 Of the Planning D'sstrict's housing base, 55.1 %o is owner occupied and 44_9% is rentPr occupied_ Most of the area's housing (57.2%) was built in 1939 or earlier, and in 1998 there were 277 vacant housing units in the area (615 %). The median gross rent for the rental uniu in the area was $417.00 per month. 3s In summary, the area around Music & More is a relatively.low income, but very stabie, area with significant owner occupancy of housing and relatively high employment. 34 Sbid. 3 ' Ibid. • I2cLaughlin Coasulting Services, Iac_ Sadian Rocks Beach, Florida � Q � — coy St. Paul Adult Use Zoniag Regulations - "Bookstore Defhnition" Preliminaxy ?lannin5 Review 5. 5.1 EXISTING USES The Adult Use: A 24 January 8, 1996 Music & More is located in the apex of a triangular parcel of land at the 3outh end of Daly Street, with the triangle bordered by James Avenue on the North, Osceola Street on the West and 7th Street West on the Southeast. Map 1 on the followiug page shows the location of Music & More. >� • � Music & More was established as a music, video and novefty store selling a variety of merchandise inchiding video tapes, posters, tobacco accessories, and other novelties. Music & More has been in existence at its present location since 1993, and has operated in its present format since its beginning. The building comprises approximately 6,300 square feet on three stories. Two thousand, one hundred square feet aze located in the basement but which are, nonetheless usable floor azea under the ownership and control of Music & More and proper for inclusion in any floor area c�ictilat�n� 36 Ag�rFV,�te1;� 575 square feet of the usable floor area are used for the display McLaughlin C�rt=*+7***+g Sexvices, Znc_ Indian Rocks Heach, Florida � F £ �� Q � _ '�Y o � _City of St_ Paul ,Adult Use Zoning Regulat - "Bookstore Definition" 'Preliminary P1a:ining Review A 27 January 8, 1996 To the North of 1Llusic & tLtore, across James Street is a parochial elementary school, West of Daly Su�eet, with additionai retail and service commercial uses located East of Daly, on 7th Street, West of Music & More are commercial uses to Osceola Street, and generally residential uses furvher to the West, Northwest and North. To the South, an 7th Street are additional :etail aad service commercial uses, which uses are also found on the Southeast side of 7th Street, across from Music & More. In the area of Music & More are a saloon, a package Iiquor store, with a bar, a second-hand and pet supply store, a conventional restaurant, and several small o�ce buildings. Across the street is a florist and a new o�ce of a neighborhood improvement organization. To the Northeast, on the Southwest side of 7th Street, is a brewery. In general, the area of Music & Fvlore comprises industrial and commercial uses Southwest of 7th Street, including the Southwest frontage of 7th Street West. To the Northeast of 7th Street are office, retail and service commercial uses on the frontage, and generally residential uses away from the major roads. The area is generaily in good condition with some vacant spaces in spou, but witti most t` \ I • McLaugkil.in Consu2ting Services, Inc. TnAi�n Rocks Beach, Florida • YI h Eity o£ St. Paul . • Adult IIse Zoning Regulatiozs - "BOOkstore De=inition" PreLn:na� ?la�ning Revi=w � � o � _ � � � V Jax}uaxy S, 1995 buildings weil-maintained and the public infrastructure also in good condition. There is no evidence of any adverse impact from Music & More on the area. � • McLaughlin Consulting Services, Iac. Indian Rocks Beach, Florida i y� �i 0 5 of st. Pau� Adult Use Zoning Regulations - "BOOkstore qefinition" Preliminary'�Flanning Review � � PLANNING CONTROLS MINNESOTA LAW I� January B, 1996 Planning and Zonin� in the State of Minnesota are permitted by a variety of State Statutes, some of which apply only to Minneapolis/St. Paul, and some of which 2re of aeneral application to vazious levels of locat govemment throughout the State. The City of St. Paul is govemed by Chapter 462, Minnesota Statutes, which is the state-wide planning and zonin� enabiing act_ Although there have been some suggestions that a unified local government planning act would be appropriate, I those suggestions have not yet resulted in new legislation. Z Section 462.17, Minnesota Statutes, initially provided for the creation of residential Zoning Districts. The Section has been expanded and construed to pemut the establislL*nent of overall 5 - 6. Planning, American Plazning Association, Ck!icago, Ill., May, 1993, pn. �?elephone interview, Blair Tremere, Minnesota Chanter, A� ?lanr_ing Association, January 3, 1994; review of Statute "POCket Part", Sentember, 199?. : R 1 1 � � McLaughlia Co**c{*lr;.,q Services, Sac_ Indian Rocks Beach, Florida • e ;; 0� • City o£ St. Paul A3u1t Use.Zoning Regulations - "3ookstore Defiaition" ?reliminary Planring Review � �:�] January 8, 1996 Zoning Regulations including not only Residential, but also Commercial, Indus�ial and Public Zoning Districts, and regulations therefor. For cities with an adopted Comprehensive Plan, § 462.357, Minnesota Statutes, gives much broader zoning authority. Further authorization for municipal Zoning Ordinances is found in § 462357, Minnesota Statutes, which provides for the "effectuation" of a Comprehensive Plan as foilows: "Subdivision 1. Authority for zoning. For the purpose of promoting the public health, safety, morals and general welfare, a municipality may by ordinance regulate on the earth's surface, in the air space above the surface, and in subsurface areas, tue location, height width, bulk, type of foundation, number of stories, size of buildings and other structures, the percentage of lot which may be occupied, Fhe size of yazds and other open spaces, the density and distribution of population, the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other public purposes, and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water suppiy conservation, conservation of shorelands, ... access to direct sunlight for solar energy systems ..., flood control or other purposes, and may establish standards and procedures regulating such uses. ... The regulations may divide the surface, above surface and subsurface areas of the municipality into districts or zones of suitable numbers, shape and area. The regulations shall He uniform for each class or kind of buildings, structures, or land and for each class or kind of use throughout such district, but the regulations in one district may differ from those in other districts. The ordinance embodying these regutarions shali be lmown as the zoning ordinance and shall consist of text and maps. ..." 3 ' West Publishing Company, Minnesota Statutes Annotated, § 462.357(1), St_ Paul. Minn•. 1993. • McLaughlin Consultiag Services, Inc_ Indiaa Rocks Beach, Florida ��-�D� , City of St. Paul � B 3 January 8, 1996 Adult Use Zoning Regulations - • "BOOkstore Definition" Preliminary Plazuiing Review The foregoing excerpt is �ermane to this Planning Review in iis requirement that: "The regulations shall be uniform for each class or kind of buildings, structures, or land and for each class or kind of use throughout such dis�ict, ... " In other words, if Adult Uses ue the same cIass or kind of tand use, then the reguIations for them must be the same as for any other commercial use. Since the Constitution of the United CtatPs t n,rehihitS reb tatyna E1�iylt jJceB ha nn th��T r4n:�y�: � O _� Pf fC L } : � C �' ef St. Pa�.: to lawfutiy reoulate Adult Uses, there must be some feature of them, other than their content, which distinguishes them from other commercial uses. General requirements for Zoning Ordinances are set out as follows: "Subd. 2. General Requirements. At any time after the adoption of a land use plan for the municipality, the planning agency, for the purpose of carrying out the policies and goals of the land use plan, may prepare a proposed zoning ordinance and submit it to the governing body with iu recomnendations for adoption. Subject to the requirements of subdivisions 3, 4 and 5, the governing body may adopt and amend a zoning ordinance by a two-thirds vote of alI its members. If the comprehensive municipal plan is in conflict with the zoning ordinance,the zoning ordinance supersedes the plan." ° ` Zbid., § a62.357(2). � McLaughlin rn..� Services, Inc. Indian Rocks Beach, Florida • S ? S � - ° / - �-Y � V City of St. Paul B t} Jahuary 8, 1996 • A3ult Use Zoning Regulations - , � "BOOkstore Definition" Prelimina*_y Planning Review The Ciry's current Zoning Ordinance, adopted in 1975, cleariy does not implement the Comprehensive Plan, because the basic Zoning Code predates the Comprehensive Plan. Subdivisions 3, 4 and 5 of § 462357 deal with puhlic hearings in the course of adopiing or amending Zoning Ordinances, the amendment procedure generally, and the need to refer Zoning Ordinance Amendments to the planning a;ency. Subdivision 6 of § 462.357 provides for the establishment of a Board of Appeals and Adjustment, and its duties, while subdivisions 7 and 8 grohibit discrunination against certain family care facilities. � The enabling zoning legislation thus permits Zoning Ordinances such as ihe City of St. Paui Zoning Code, including the Adult Use Zoning Regulations, but unposes very real constraints on their adoption and implementation. With respect to the enabiing legislation for the Comprehensive Plan, it is found in §§ 462351 - 462.356, Minnesota Statutes Annotated. 5 These sections p:ovide, in periinent part: "The legislature fmds that municipalities are faced with mounting problems in providing means of guiding future development of land so as to insure a safer, � Zbid_, §g 462.351 - 462.356. • MeLaughli.n Coasulr�**�T Ser�rices, Znc_ Indian Rocks Beach, Florida fl�-�.Q�l .� City o£ St. Paul Adult Use Zonir_g Regulations ',_Bookstore Definition".� Preliminary nlanning Review � January 8, 1996 ` I more pleasant and more economical environment for residential, commercial, industrial and public activities, to preserve agricultural and other open lands, and to promote the public health, safety, and general welfare. Municipalities can prepare for anticipated changes and by such preparations bring about significant savings in both private and public expenditures. Municipal planning, by providing public guides to future municipal action, enables oiher public and private agencies to plan their activities in harmony with the municipality's plans. Municipal planning will assist in developing lands more wisely to serve citizens more effecavely, witi make the provision of public services less costly, and will achieve a more secure tax base. It is the purpose of sections 462.351 to 462364 to provide municipalities, in a single body of law, with the necessary T�J�JW?�S ?.W� 2 LI12fOLfI2 YrnrP(iiyrr fnr a(iP�itgtvl3r �n�yli�rtlLo anA Lmr�lPmP�tyn� municipal planning." 6 The foregoing statement of poIicy is unplemented through a number of defuutions and � implementation provisions, as follows: "'Comprehensive municipal plan' means a compilation of policy statemenu, goals, standards and maps for guiding the physical, social and economic development, botfi private and public, and the municipality and its environs, inc2uding air space and subsurface areas necessary for mined underground space development _.. and May include, but is not limited to, the following: statements of policies, goals, standards, a land use plan, a community facilities plazr, a transportation plan, and recommendarions for plan execution. A comprehensive plan represents the planning agency's recommendauons for the future development of the community. "' Land use plan' means a compilation of policy statemenu, goals, standards and maps, and action pr narazns for guiding the future development of private s Ibid., § 462.351. McLaughlin Consulting Services, Snc_ Ia3iaa Rocks Beach, Florida . ��-�o� City of St. Paul _ • Adult Us_ Zoniag Regulations - "BOOkstore Definition" Preliminary Planzxiag Review IC • January 6, 1996 and public property. The term includes a plan designating types of use for the entire municipaliry as weil as a specialized plan showing specific areas or specific types of land uses, such as residential, commercial, industrial, pubic or semipublic uses or any combination of such uses."' "A m�nicigality may carry on comprehensive municipal planning activities for guiding the future development and improvement of the municipaIity and may prepare, adopt and amend a comprehensive municipal plan and implement such plan by o:dinance and other official actions in accordance with the provisions of sections 462.351 to 462.354." $ ,�, Subdivision 2 of the above section provides for the preparation and promulgation of studies and reports, while subdivisions 3 and 4 provide for budgeting and contracu related to the comprehensive planning process, and for an application fee for Comprehensive Plan Amendments. Section 462354 provides for the creation of an advisory planning agency, which may be local government staff, or may be a planning commission, and for a Board of Adjus�nent and Appeals, sunilar to that described above. 9 Section 462355 provides for certain mechanics in the preparation of a Comprehensive Plan, ' Ibid., 44 ?62.352(5) and 462.352(6). a Ibid., § 462.353(1). ' Sbid., §5 462.353 and 462.354. • McLaughlin Coasulting Services, rnc_ T_adiaa Rocks Beach, Florida n5 � City o£ St_ Pau1 � B 7 January B, 1996 � Adu1t Use Zoning Regulat�ons - • "Bookstore Deiinition" ' Preliminary Planniag Review and for its adoption. Subdivision 4 of this Section provides for the adoption of an interim Zoning Ordinance during the preparation of the Comprehensive Plan. Secdon 462356 begins the implementation provisions, of which Zoning is discussed beginning on page 47, above, and provides for recommendations for execution of the Comprehensive Plan frnm the gia�ing agency, and for certain local government actions to be in compliance with the Plan. 'o As set out in Chapter 7, below, the Ciry of St. Paul Comprehensive Planning documents make no reference to Aduit Uses. Further, since the Compreheruive Plan does not identify an Adult Use land use designation, it may become even more questionabie as to whether, under § 462.357(1), the City can distinguish between this land use and other commercial land uses. Since St. Paul is in the Twin Cities Me�opolitan Area, planning in the City is also govemed by Chapter 473, Minnesota Statutes. The primary effect of this legislation is the following requirement imposed on the Metropolitan Council: 'o Ibid_, 6 462.356. �� McLaughlin c'�+**�**itiag 9exvices, Znc. Indian Rocks Beach, Florida • � .City of St. Paul • Pdult Use Zoning Regulations - "Bookstore D=£inition" Prelimir_axy Planr�.ag Rev:ew � �� January B, �1996 "The metropolitan council shall prepare and adopt, after appropriate study and such pubiic hearing as may be necessary, a comprehensive development guide for the metropolitan area. It shail consist of a compilation of policy statements, goals, standards, programs, and maps prescribing guides for the orderly and economicai development, public and private, of the metropolitan area. The comprehensive developmeni guide shall recognize and encompass physical, social or economic needs of the metropolitan azea and those future developments which wili have an impact on the entire area including but not limite3 to such matters as land use, parks and open space land needs, the necessity for and location of airports, highways, transit facilities, public hospital, librzries, schools and other public buildings." ' � Thus, the Metropolitan Government statute gives the Me�o Council a coordinating role within the region, and requires consistency between local government planning efforts, but does not govem the £me details of local government land use policies and regulations. In summary, Minnesota law specifically authorizes both the City's Comprehensive Plan and its Zoning Ordinance. However, there appears to be a limitation on distinctions between like uses, and thus a question of the extent to which the enabling legislation permits the Adult Use Zoning Regulations. 11 § 473.245, Minn_Stat. • McLaughZia Consulti.ng Services, Inc. Indi.an Encks Beach, Florida �_ �1F_�`� City of St. Paul ' Adult Use Zoning Regiilations - "Bookstore Definition" ` Preliminary Planning Review �� January B, 199' � 7. THE CTI'Y OF ST. PAUL COMPREHENSIVE PLAN Three documents are considered in this Chapter: the City of St. Paul Comprehensive Plan, iZ, the District 9 Plan, 13 and the draR Brewery/Ran-View Sma11 Area PZan. 14 These three documents forr� the basic plannin; framework for the subject part of the City, although their age significantly denigrates their utility. In addition, Meiro documenu includina the Metropolitan Developmer:t and Investment Pramework and the Metro 2015 Vision & Goals 16 were reviewed briefly to establish the � regiaual context of the City of St. Paul and its planning effor[s, and to determine if there were iz Planning Division, City of St. Pau1, Coi[[preheasive Plan, op.cit. 13 planning Division, City of St_ Paul, District 9 Plan, op.cit. 14 Planning Division, City o£ St. Paul, Brewezy/Ran-View SmaZI Area Plan, St. Paul, hIN, 1595; recommended by the Brewery/Ran-View Small Area P1an Task Force, 9/8/95, Planaing Commissioa and City Council action pending. Although this Small Plan Area does not include Music � More, it includes ar. immediately adjacent area, and is thus germane to this Preliminary Planning Review. ls Metropolitan Council, Metropolitan Development and Snvestlneat Framework, St. Paul, Minn., adopted, September, 1986, renublished, 1988. 16 MetroDClitan Council, M_etro 2025 Vision & Goals, St. Paul, Minn., Novemoer, 1992. McLaughlis Cans Sezvices, iac_ ;an Bocks Bea:h. Florida • � o5—L City o£ St. Paul B 10 ;- January B, 1496 � A3ult IIse Zoaing Regulations - "3ookstor= Definition" Prelim:aary ?la�-v-iing Review any ;ermane Regional Goals, Objectives and Policies. However, for the most part, the reaional documents deal with a"macro" situation, and are not germane to this Planning i� Review. 7.1 The Comprehensive Plan: The Comprehensive Plan i' begins with a sumr.iary of its purpose, stating the following: "A major city function is to allocate land to most efficiently meet the changing space demands created by human activities within St. Paul. The Land Use Plan will be St. Paul's guide to evaluating proposed changes in the locations and intensities of various types of land use activities. By anticipating and planning for change, the city can encourage and support actions that will continue to make St. Paul an attractive place to Iive and work. To do this the city will maintain its commitment to neighborhood stability, econoaric development, and energy efficiency. The Land Use Plan will also act as the basis from which the city can redirect proposais for change that might otherwise negatively affect the quality of life in the city. The policies set forth in this plan, therefore, are guidelines for the changes anticipated in the 1980s. "'$ '-� Planning Division, A Plan for Land Use, op.cit. 1B Sbid_, p. 1. • McLaughLia c'�+n�+*�ting Services, Inc. Indiaa Rocks Beach, F2orida � '�; (! � Ti�'y�of St. Paul �� Adult Use 2onin g `Regulations - "BOOkstore De£iniEioa^ Preliminary Planning Review January 8, 1996 • B 11 t Since St_ Paul had addressed a form of adult entertainment establishments in a 1978 study, 19 and since the Comprehensive Plan, adopted two years later, was to form: "the basis from which the city can redirect proposals for change that might otherwise ne�atively affect the quality of life", one would expect that at least the form of Aduit Uses considered its the City`s 1978 study would be considered in the Plan. On the topic of "Quality Design", the Comprehensive Plan establishes tiie following two relevant policies: "Policy (1.4.3) "Ln cases of incompatible land uses, the city will use the techniques listed above to create or improve existing buffers between land uses. "The city will explore methods of revising the zoning ordinance to remove activities wIuch have become nuisances to the azeas around them. " 20 As stated above, the City of St. Paul had identified certain adult uses, (although nenerally not those subject to First Amendment protection,) as problems in its 1978 study. Yet, and 19 Division of Planning, City of St. Paul, Effects on Surroundi.ng Area o£ Adult Fntertainment Businesses in Saint Pau1, St. Pav1, MPT, June, 1978, 2° Division of PZanning, Compreneasive P1an, op.cit., n. 20. McLaughLin Consulting Sexvices, Iuc_ Indian Rocics Beach, Florida ,� C � � ' CiLy o£ St. Paul • Adult Us_ Zoning Regulations - "BOOkstore De=inition" Prelir.iiaary Plan.^_ing Reviecr -�. B 12 Q� Januaxy 8, 1996 notwithstanding the above policies in iu 1980 Comprehensive Plan, it took the City a further eight years to first adopt Adult Use Zoning Regulations. However, the Comprehensive Plan establishes an essential predicate for such Zoning Rea lations - that the activity must have become a nuisance to the surroundin; area. In the absence of nuisance characteristics of its various Adult Uses, the Ciry's Adult Use Zoning Regulations aze not supported by the Comprehensive Plan. Further, there is nothing in the general analyses and policies of the Comprehensive Plan which suppores or identifies the needs for the City's Adult Use Zoning Regulations, particulazly in the absence of any predicate for the regulations. In the Comprehensive Plan, the site of I�lusic & More is designated as a Mixed Use Suip. Z ' However, the Comprehensive Plan does not include specific policies for the Mixed Use Strip designation. 21 Sbid., Composite Land Use Map, f.p. a. • McLaughli.n Consulti.ng Services. Znc_ Indiaa Rocks Beach. Florida �� City of St. Pau1 - Adult Use Zoning Reguiations - "BOOkstore De�inition" Pre�limina:-y Planr.ing Review B 13 January 8, 1996 • Therefore, it is assumed that the Plan's general commercial policies will apply to the commerciai partion of the Mixed Use Strip des aanation. The Plan first describes the evolution of the strip commercial areas, as follows: "As the ciry continued to expand, it became inconvenient for people to travei downtown to do a11 their shopping, despite the advent of horsecar and then trolley lines. The exposure of properties on these lines to potential buyers spurred commercial development on streets served by trolleys. The commercial strips along thoroughfares such as University Avenue, East and West Seventh Streets, and Selby Avenue were formed during this era. They remained important when the trolleys were replaced by buses. These major commercial areas were abie to thrive weli into the 20th cenmry. "During the 1950s, however, a new phenomenon in retailino appeared, ihe shopping center. This concept was based on the use of automobiles. The shopper drove to the center, parked the car and was able to satisfy all his/her shopping needs at one place. This was much more convenient than walking a long distance along a commercial strip or having to drive or take a bus from � place to place. ... "The evolution of comtnercial activiry over the years has resulted in a wide range of commercial areas scattered throughout the city — from small neighborhood corner businesses reminiscent of the tum of the ceniury to a modem downtown business center incorporatin� ail the innovauons of the 1980s. This diversity should be viewed as an asset to the overali qualiry of city livina. Yet it also presenu a challenge, because if the existing commercial areas are not properly managed, their economic vitaIity wiIl suffer, and so too will adjacent residential areas." u zz Ibid.. P. 25. McLaughlin C�nsulting Services, Znc_ Indian Rocks Seach, Florida • i City of St. Paul • Adult Use Zoning Regulations - "Bookstore Defiaitioa" Prelimiaa-y Planning Review �. � � � � - � O � January 8, 1996 � Accordingly, the City has ident�ed potential land use problems in areas such as that of Music & More, which probiems relate, not to the content or nature of the business, but to the evolution of commercial land uses over the past 45 years. Thus, if there were land use conflicu in the area of Music & More, they would have to be carefully examined to see if their source were the alleged adverse secondary effects an alleged Adult Use, or the source were the changes to the area brought about by the evolution of commercial land use patterns. The Comprehensive Plan contains severai policies which are germane to this Preliminary Pianning Review. Amongst these policies is to "... support a diverse commerciai activity base by working with business and community groups to ... continue efforts to encourage small business; ..."'� Following this policy statement, under the heading "Mixed Use Strips" is a description of this land use, of which the following is germane to this Preliminary Planning Review: "St. Paul's commercial strips developed along the trolley lines established in the late 1800s. They have always contained a mixture of uses from housing to office, commercial or even light industrial uses. As retaii marketing methods have changed[,] the commercial activity on some mixed use strips has declined. On others it is a owing. Tfie strips function best when they retain a mix of uses — retail, general commercial, office and residential. The initial attraction for all z3 Sbid.. P. 26. • McLaughSin �onsulting Services, Inc_ Zadiaa Rocks Beach, Florida � � �' 1�� City of St. Paul ?;� B 15 January B, 1996 Adu1t Use Zoning Regiilations - "Bookstore Definition" � Preliminary P1�ssing Review these uses was the ciose access to transportation. The same is true today. "In some case the mixing of uses on the strips has been haphazard causino conflicts between adjoining uses. To be successful, mixing of uses should be [intentionally] planned. City reb latory controls and fiscal incentives shouid be auned toward achieving a compatible mix of activities." Z ' The foregoing analysis is gernsane because it clearly shows that the land use problems aiiegediy att*ibuted ro Adult Uses (not th_e predor_unate ones considered in St. PauI's 1978 Study, '� but those protected by the First Amendment to the Constitution of the United States,) are, in fact, the result of changing land use patterns, and a City's urtran form. In other words, the City of St. Paul Comprehensive Plaz: identifies the alleged adverse secondary effects of Adulc Uses as a result of the changing land use pattem, thereby requiring that any amibution of adverse secondary effects to Adult Uses differentiate between those caused by the Adult Uses and those caused by the City's urban form. The PIan then gces on to note that commercial strips may provide low rent opportunities or incubator space, and ihat retail commercial sites are being taken over by o�ce and service Z4 Zbid. 25 Division of Planniag, 1978 Study, op.cit. • � McLaughlin Consulting Services, 2nc_ Indiaa x2ocks Beach, FZarida • City o£ St_ Paul . • Adu1t IIse Zo`�ng Regulations - 'Bookstore De�inition" Prelininary ?lan.zinc 3zvie;a � ��7 0 � - 40�1 January 8, 1996 commercial uses. The Plan then idendfies some of the specific probiems (ailegedly attributed to Adult Uses,) as resulting from the change in the urban form: "I.ower renu have also enabled some rather marginal businesses to survive. The result, in some cases, however, has been poor maintenance and upkeep of buIldings and gmunds, creating a poor identity for adjacent businesses and the strip as a whole. Some structures are no longer occupied at all. These buildings and/or the land they occupy represent a valuable resource; they shouid be considered opportunities for alternate use." 26 � Again, the City of St. Paul Comprehensive Pian identifies as a problem resulting from changes in the urban form, several of those problems allegedly attributed to Adult Uses — lower rents, higher vacancy rates, and poor property maintenance, all of which are components of urban blight and usually lead to lower properry values. The Plan then establishes a policy (4.2-2) for encouraging the development of compatible mixed uses in commercial strips by, amongst other tools, assisting small businesses and providing flexibiliry in the reuse of land and structures. Z ' Next, following policies related to the ongoing review of commercial zoning regulations and business operation, the zb Division of Plannin Com rehensive Plan, o 5. P P-cit., p. 27_ Z � Sbid. • McLaughlin Consultiag Sexvi.ces, Iac_ Indiaa Rncks Heach, Florida 1 �� City of St. Paul- Adult Use Zoning Regulations - "Sookstore Definition" Preliminary Planning Review B 17 Comprehensive Plan provides the foilowino descriptions: January 8, 1996 • "Whatever the future use of commercial areas, they must be designed and operated in a manner which makes them assets to the community in wIuch they are located_ Businesses wIuch are operated and maintained in a way thatis de�imental to the adjoining uses, especially residentiai uses, are a nuisance. The City has regulations which are intended to reduce the pote�at for a business to become a neighborhood nuisance. d "^vood desia cau o�ercoYie ��any oi u�e cor�cz�i� residznis and suop�er t�avz about a particular business. Many businesses can operate successfully in commercial centers because their construction and siting remove from sight and sound tfie unamactive portions of the business. The layout of structures, location of parking, landscaping and general appearance also affect the public's desire to use a particulaz commercial service and determine how well the business relates to its surroundings." [Emphasis Added] Z$ To fully understand the import of the foregoing narratives, it is important to establish a chronological context. In 1978, the City undertook a study 29 of adult entertainment establishmenu which focussed primarily on alcoholic beverage estabIishments and massagelsauna parlors, but also included Adult Bookstores and Aduit Movie Theaters. This smdy, prepared two yeazs before the Comprehensive Plan, purported to establish a relationship ZB r.via. z9 ➢ivision of Planning, Z978 Study, op.cit. McLaughlia f'.,�+�**i ting Services, Inc. Iadian Rocks Beach, Florida � • � o�`''C� City of St. Paul B 18 January 8, 1996 • Adult Use Zoning Regulations - "Bookstore Definitior_" Prelimirary Plazi*iing �2e _ew between adult entertainment establishments and higher crune rates and lower property values. However, the City did not adopt Aduit Use Zoning Regulations dealing with First Amendment protected activities until 1988, following additional studies more closely focussed on the ,� regulated activities. However, in 1980, the Com�rehensive Plzn stated that the Ciry has regulations intended to reduce the potential for a business to become a nuisance. Thus, the City, without the benefit of Adult Use Zoning Regulations, felt that it was adequately able to control nuisances, inciuding the alleged adverse secondary effecu of Adalt Uses. The commerciat policies of the Comprehensive Plan then conclude with policies related to zoning techniques, including the use of performance techniques and standards to pemut additionai land use in various Zoning Districts. These policies recognize that for any commercial use, inciuding Adult Uses, there may be operational as opposed to geneaic characteristics that cause problems, and that Zoning Regulations should have the flexibility to respond to these operationai issues, and not be based solely on the generic issues. Thus, the City of St. Paul Comprehensive Plan does not prohibit, and actually supports the • McLaughlin Consulting 3ervices, Inc. Ladian Bflcks Seach, Florida �,r_i�� City of St. Paul Adult Use Zoning Regulations - "Bookstore Definition" Preliminary P1arLZing Review � • January B, 1996 • establishment and maintenance of Music & More. Further, the Comprehensive Plan actualIy Identifies the presence of the alleged adverse secondary effecu of Adult Uses, entirely attributed to changes in the urban form, and not to any particular land use. 7.2 The District 9 Plan: 30 The District 9 Plan is a detailed future land use plan for the part of the City includiag Music & More. This Plan was prepared shortly before the completion of the Comprehensive Plan, and deals specifically with this part of the City. Afcer describing the area, (as reviewed in section 43, above,) the District 9 Plan includes the following Land tlse Strategy Recommendations: "Commercial should be encouraged along West Seventt� and on Randolph east of West Seventh. Residential areas should be protected from encroachment by incompatible commercial or industriai use. Appropriate buffers should be developed where problems exist." 31 3o planning Division, District 9 PSan, op.cit. 3I 1bZ(�_, D. �. • aicLaughli.a Coasultisg Services, Iac_ Indian Rocks Beach, Floada • . �, Q � gft fl` t I � ' � .✓f � �": �v� V City of St. Pau1 _ B 20 January 8, 1996 • Adu1t IIse Zoning Regulatioas - "3ookstore Definition" Prelicnina=y ?1a.-uiing Beview Further, the site of Music & More is in the CommercialBusiness designation under the District 9 Plan. 32 Therefore, the commercial use of Music & More is entirely consistent with the policies and designation of the District 9 Plan_ 4� The area of Music & More is not identified as a housing rehabilitation priority area, nor were street ur.orovement priorities identified for the area. 33 The site of Music & More is in Middl� Ground neighborhood, the description of which, and recommendations for, include primarily maintaining the residential stock of the area. 34 West 7th Street is designated as a Minor Arterial B, 35 with truck traffic to be rerouted from the road, and speed limiu to be enforced. In addition, suf£cient on- and off-sueet parking is to be provided to serve the commercial uses of the area without disrupting traffic flow or impacting adjacent residentiai azeas. 36 3z Sbid., p. 6. 33 Sbid., pp. e- 9. aa Ibid., P- 1?. 3s Ibid., n. 17. 36 =bid_, p. 18. • McLaughlia Consvltiag Services, Iac_ Lndian Rocks Beach, Florida � �� City oE St. Paul � Adult Use Zoning Regulations - "Bookstore Definition" Preliminary Planning Review I�� Janua�y 8, 1996 • The economy and commercial development of the area are described in the Plan, as reviewed in section 4.3, above. Although the Plan also calls for the sale of inerchandise meeting the needs of the local market, 3 ' there are also the following policies: "Businesses shouid compete in goods and services not stressed by West Seventh's two main competitors, Grand Avenue and Highland Village shopping center. "Commerciai development should 'unprove and use exisiing structures on the sffeet. ° 38 Music & More complies with both of these recommendations, in that iu merchandise does not direcdy compete with the main competitor shopping centers, and it is using, and has markedly improved an existing building. Therefore, the continued retail use of Music & More, whether or not it is an Adult Bookstore, is consistent with, and supported by the District 9 Plan. 3 � Ibid_, p. 30, Recommendation 3. 3e Ibid_, Recommendations 5 and 8. � i+lcLaugh2ia Cor�u2ting Services, Inc_ Iadi..an Rocks Heach, Florida • ' . City of St. Paul. B 22 • Adu�t Use Zoning Regulations - "BOOkstore De�initior" ?relimir_ary Plar_:i.ng Re✓iew 73 Brewery/Ran-View Sma11 Area PZan: 39 a � o�-/�Q� -3anuary S, 1996 T"nis Small Area Pian covers tae area nirectly across vJest 7tu Sueet nom Music & tYlore, and is sriil goina through the approval process. The Plan has been approved by the area task force, but action by the Planning Commission and the Ciry Council is still pending. Aithough this Small Area Plan does not inciude the site of Music & More, it does discuss problems, and establish policies for West 7th Street. 40 Since the street must be considered as a whole, it is reasonable to expect that problems on the Northwest side would receive at least some mention. The alleged incompatibiliues of Music & More do not receive such mention, and there is thus a logical inference that, in the overall planning context of the City, there aze no such problems. Further, the Consultant has ascertained, °i that the alleged issue of Music &�lore 39 planning Division, Brewezy/Ran-View Sma11 Area Plaa, op.cit. 40 Sbid., p. 5. 41 Telephone interview, Nancy Homans, City oi St. Pau1, Planning Divisioa, January 5, 1996. � ;ri. ; • RSCLaughlia Consu2ting Services. Iac_ Sndiaa Rocks Seach. Florida p�-�0� .. City o£ St. Paul ; '� Adult Use Zoning Regulations - "BOOkstore Definition" Preliminary Plan^_ing Review B 23 January 8, 2996 • did not emerge during the formulation of this Smail Area Plan, again leading to the conclusion that there are no real problems associated with the business. � McLaughlin Conscxltisg Services, Iac. 7s3ian Rocks Beach, Fin=ida • , City of St. Paul • Adult Use Zoning Regulations - "Bookstore D=_=initioa" Prelimiaary ?lanair_g Review � � ,. �� 0 ZONING CODE °'- �:�� o�� } o� Ja..uary B, 1996 The City of St. Paul Zoning Code comes from a variety of Ordinances adopted over many ye:ss, predazing at least 1456. T�ese Zoaing Ordinances aze codified as Chapter 6Q, Ciry of St. Paul City Code. The intent and purpose of the Code include the following: "To promote and protect the public health, safety, morals and general welfare of the community; "To classify all property in such manner as to reflect it's peculiar suitability for particular uses; "To regulate the location, construction, reconstruction, alteration and use of buildings, structures and land; "To conserve property values; "To protect all areas of the city from harmful encroachment by incompatible uses. � Planning Division, Zoning Code, op.cit. • M r.a..ahli.a Coasulting Services Inc_ Indiaa Rncks Heach, Florida o�-�oc� City of St. Paul Adult Use Zonirg Regulations - ^Bookstore Definition" Preliminary Planning Review B 25 ,� January 8, 1996 • "To fix reasonable standards to which buildings, structures and uses shall conform; "To provide for the adaptive reuse of nonconforming buildings and structures and for the elimination of nonconforming uses of land; ..." °i The source of these statements of purpose and intent is the 1956 Code, long before there were any concerns about Adult iIses, and these statemenu (except for the eIinunation of non- conforming uses,) reflect general pIanning and zoning techniques. The Zoning Code then considers a number of defuudons, of which the germane defuritions are reviewed in Chapter 9, below. Music & More is located in the B-2, Community Business District. " The intent of this District is described as follows: "The B-2 Community Business District is intended to serve the needs of a consumer population larger than that served by the 'Local Business District' 43 Ibid., p. 507. 44 Ibid., Zoning Maps, Sheet 27. � McLaughlan C9asulting Services, _Tac_ Indiaa Rocks Heacn, Florida • „ > 0� , City o£ st. Pau1 � B 26 Janua�y B, 1996 • �Adult Use Zoning Regulations - ; "Bookstore Deiiaition” Preliminzry Pla� ing Revi_w and is generaIly characterized by a cluster of establishments genenting large volumes of vehicular and pedestrian traffic_" 45 Permitted uses include all B-1 Zoning District permitted uses, and all retail and service � establishments. The B-1 permitted uses specifically include book stores. 46 Since Music & More is, and should be considered, as simply a regular bookstore, without regard to the "i.°.Pii f R.o tn�: 7 tA rnfl Aµ ' r '� 1 1 ' A i) �.vu vi ua.. iTa3waa3i Sv 3iaCi i�ai«.0 3t � u"i� Ci a�Ci 2� 1� I$ CaEnIa}� 3��.iiiuitP,u L-2 uS�� even though other Adult Uses are specifically identified as a principal use permitted subject to special conditions in the B-3, B-4, B-5, I-1 and I-2 Zoning Disuicu. The Zoning Code further permits most, if not all, other non-conforming uses to continue in perpetuity, although their survival is not encouraged. " With respect to the Special Condition Use Permit, which an Adult Use is required to obtain to begin operating in an identified Zoning District, the Zoning Code proaides: "(a) Application to planning commission. Any person having an ownership 45 Ibid_, p. 548. 46 Ibid., p. 5a7. 4 � Sbid_, p. 604. � • McLaugh.lin Consulti.ng Sezvices, Iac. Indian Rocks Beach, Florida �o�-�o� City o£ St. Pau1 Adu1t Use Zoaing Regulations - "BOOkstore Definition'• Preliminary Plannir.g Review B 2� January B, 1996 or leasehold interest in land and/or building (contingent included) is eligible to file an appiication with the planning commission for a special condition use permit, ... All appiications shall be filed on appropriate forms and with requisite fees. "(b) PZanning commission review; delegation to odministrator. The planning commission shall review and approve all principai uses permitted subject to sgecial conditions, ... The planning commission shall have the authority to modify or revoke any special condition use permit, .._ "(d) Conditional use perntir, general standardr. Before the planning commission may grant approval of a principal use subject to special conditions, the commission shall fm3 that: "(1) The extent, location and intensity of the use will be in substantial compliance with the St. Paul Comprehensive Pian and any applicable subazea plans which were approved by the city council. • � (3) The use will not be detrimental to the existing character of rhe development in ihe immediate neighborhood or endanger the public health, safety and general weifare_ "(4) The use will not impede the normal and orderly development and improvement of the surrounding properry for use permitted in the disuict." as 4a Ibid., pp. 616.15 - 616.16. PMF.�+�ghliz Consulting Se=vices, �ac_ Sadiaa Rocks Heach, Flo=ida • . , • � �=`�!�� City o£ St. Paul B 28 January 8, 1996 Adult lise Zoning Regv.la�ions - � "Bookstore Definition" � ?_el_r,.:nary Pla�v Review In addition, the Planning Commission may impose condiuons on a special condition use permit, may modify those conditions, and may revoke the permit, and the permit is subject to annual review. Further, unless the right to arant the special condition use permit is delenated to the Zoning Administrator, the Planning Commission is obligated to hold a pnblic hearing on the application. 49 Although Yhe City may represent that the specia2 condition use permit process is used solely to ensure compliance with the locational cri:eria for Adult Uses and that the general standards are not applied, the Zoning Code clearly obligates the City to apply the more restrictive requiremenu 50 including the general standards set forth above, and the need for the Planning Commission to hold a public hearing. Furcher, under Minnesota law, interested third parties have a private right of action to enforce Zoning Regulations, and could force full compliance with the Code. For example, with respect to the general criteria for granting a special condition use pe*mit, 49 Ibid., pp. 616.15 - 616.17. S0 Zbid., § 62.100, p. 604. • McLaughlin Cansvltin8 Servicas, Inc. Ia3ian Rocks Beach, Flor_da ��_��p� City o£ St. Paul Adu1t Use Zoning Regu2ations - "Bookstore Definition" Prelimiaary Planning P.eview IC ` �< January 8, 1996 • the City has attempted to document that Adult Uses cause adverse secondary effecis. While the City's "documentation" is severely flawed, and provides no real evidence of such effecu, the allegations e�st, even though, as set out in Part C, below, no such effecu exist. However, the City has made these allegations, and since the allegations are dizectly contrary to the general requirements for the granting of a special condition use permit, argvably no Adult Use could ever be permitted in the City. � McLaughlia Consulting Sexvices, Inc_ Indian Rocks Heach, Elorida • s � City o£ St. Paul • Adult Use Zoning Regulatioas - "Bookstore �e£in�tion" Preliminary ?laxLninS �eview E � 9_1 ��. ADULT USE ZONING REGULATIONS Required Basis: � � � �,,. � � ; January B, 1996 The Consultant is advised by legai counsel for Music & More that Adult Use Zoning Regulations are pemutted under the First Amendment to the Constitution of the United States oniy if 1) they are reasonable, content-neutral time, place and manner restrictions; 2) they are targeted at the "adverse secondary effecu" of Adult Uses; and 3) that they provide reasonable, potential alternative avenues of communication for Adult Uses. Under no circumstances is obscenity protected by the First Amendment. Therefore, in order to be Constitutional, the City of St. Paul Adult Use Zoning Regulations must be time, place and manner reguIations, aimed at the alleged adverse secondary effecu of Adult Uses, and based on a reasonable belief that St. Paul is suffering adverse secondary effects from iu existing Adult Uses. The "studies" ailegedly establishing the "adverse secondary effects" of Adult Uses have never been subjected, in reponed case law, to appropriate professional scrutiny such as that set forth in Stuart, Darwin G., Urban fndicators: Their Role in PZanning, American Society of Planning Officials, (now the American Planning • McLaug�2i.n Caasixltiag Se�vices, Snc_ Indian Rocks Heach, Florida � �� L� � � City o£ St. Pau1 Adult Use Zoning Regulations - "Bookstore Definition" � Prelimir_axy Planning Review B31 > t January 8, 1996 • Association,) Planning Advisory Service, Report No. 281, Chica;o, Ill., 7une, 1972, nor to appropriate evidentiary standards such as those set forth in Dauben v. Merrell Dow Pharmacuticals, Inc., 113 S.Ct. 2786 (1993); or Federal Iudicial Center, ReferenceManual on Scientifzc Evidence, I,awyers Cooperative Publishing, Rochester, NY, 1994. When the studies are subjected to appropriate professional and evidentiary scrutiny, it unmediately becomes apparent that the studies do not comport with the professional and evidentiary requirements, and, iherefore, do not document the alleged adverse secondary eifecu of Adult Uses. Part C, below, wiil review whether Adult Uses in general actualiy cause adverse secondary effecu. The next subsection will consider the predicates (actually the absence thereof,) on which €he City of St. Paul based its Adult Use Zoning Regulations, and the subsequent amendment to the defuution of Adult Bookstore, and the balance of this Chapter will review the detaiis of the Adult Use Zoning Regulations. s McLaughlin Consulting 3ervices, T�.c_ Indian Rocks Seach, F2n_ida • City o° St. Paul • Adult Use Zonina Regulations - "BOOkstore Deiinition" ?relimiaa-y Planzing Review � 9.2 Ordinance Predicates: B 32 �= � �:� � � i January 8, 1996 The City of St. Paul has studied the issue of Adult Uses since 1978. The 1978 Study, s ' reviewed a number of land uses not offering First Amendment protected speech, and, in fact, concentrated on those uses. A detailed review of the St. Paui 1978 Study is found in Appendix B-i. In summary, this study -focussed prunarily on alcoholic beverage establishments, but even then found that one adult entertainment establishment by iuelf had no unpact on crune rates or properry values. However, the study specifically stated that no conclusions can be drawn from it with respect to sexuaily oriented businesses. � Therefore,this study cannotform any part of the predicate of the City's Adult Use Zoning Regulations. The City of St. Paul again studied Aduit Uses in 1987, 53 this time focussing on sexually sl planning Division, 1978, op.cit. sz Sbid_. P- 3. s3 Division of Planning, Department of Planning and Economic Developmeat, City of St. Paul, Adult Entertainment, i987, A 40-ACre Study, St. Paul, NA2, 1967. � McLaughlin Consultiug Services, Inc_ Sndiaa Rocks Bea.ch., Florida t�fi,`C5 � .� &S.. � � . City of St_ Pau1 g 3 January 8, 1996 Adult Use Zoning Regulations - • "Bookstore Deiinition" Preliminary Planning Review oriented businesses. A detailed analysis of this study is found in Appendix B-2. In summary, the Study clearly started with a bias to "prove" the alleged adverse secondary effecu of Adult Uses. The study aIso considers studies from Phoenix, Los Angeles and Indianapolis. The property value portion of the Los Anaeles study was done properly, and found no causal relationship between Aduit Uses and declining property vatues. Likewise, the crime analysis of the Indianapolis study was properIy done and also found no causal relationsIup between Adult Uses and Iugher crime rates. � Therefore, to the extent that St. Paul relies ou the Los Angeles and Indianapolis material, those portions of those studies which were progerly done do not show any adverse secondary effects of Adult Uses. Further, in its review of the Minneapolis Study, the St. Paul study notes (as is also noted in the Indianapolis Study,) that the Minneapolis study indicates that it cannot be ascertained whether Adult Uses cause decline or settle in areas already in decline. Although the St. Pau140 Acre SYudy is considerably more forthright than maay of the local government studies in its acknowledgement of the questions about the "cause/effect" relationship of Adult Uses and "adverse secondary effecu", is nonetheless, academically, McLau�+T; c'�+*+a**tting Services, Iac_ Zndiaa Rocks Beach, Florida • City of St. Paul - • Adu2t Use Zoaing Regulatior_s - "BOOkstore De=initioa" - Preliminary Ptazyn;�5 _a,ov;ew � �— ��—�° -—ts January 6, 1996 professionally and scien�cally unsound. In particular, the Study is flawed in that: i) it relies heavily on the severely flawed real estate professionals survey reported in the IndianapoZis Study; it does not prove any of the causal relationships which it does allege; and it was clearly written to justify more stringent Adult Use Zoning Regulations, and thus is inherenfly biased. Accordingly, the St. Pau140 Acre Study shouid not serve as the basis of any Adult Use Zoning Regulations. �� The St. Pau140 Acre Study was supplemented by a staff report prepared in April, 1988. �' This document is reviewed in detail in Appendix B-3. In summary, the St. Pau1 I988 Supplement provides little new information on the alleged adverse secondary effecu of Adult Uses. T"�e new infomsation which is provided is ei�her unsubstantiated, or based on perception rather than realiry. 55 Therefore, there is nothing in 54 Division of P:anning, Department of Planning and Economic Development, Adu1t Entertainment, Z9B8 Supple�rtent to tfie 1987 Zoning Study, St_ Paul, MN, Apri1, 1988_ � ss The nroblem with relying on perceotioas is well documented with respect to the perception that the integration of neighborhoods would cause property values to fall. However, one of the key integration programs, the Gautreawc • McLaughlia Cansultisg Services, Iac. Indian Rocks Beach, Florida Y :� F a � - �.� 'e,�) 4.X City o= St. Paul Adult IIse Zoaing Regulations - "BOOkstore Definition" Preliminary Plannir,g Review B 35 6i January 6, 1996 • this work upon which a prudent planner or government official could reasonably believe or rely in order to formulate Adult Use regulations. Allegedly on the basis of the foregoing, the City of St. Paul adogted and enforced the AduIt Use Zoning Reb lations descr'sbe3 in section 9_3, below, except for the definition of Adult Bookstore set forth below_ Tn 1992, the City of St. Paul allegediy became concemed that Adult Bookstore offering less than a"substantial and significant amount" of adult material, for off-premises consumption only, needed to be defined and regulated. There is an extensive, although not particularly meaningfui, legislative history to the interim and fma2 Zoning Amendments leading up to the 1995 Study described below. The following documenu were located by Randall D. B. Tigue, Esq., and are attached to an�davit of Mr. Tigue's in Ciry of St. Pau1 v. Stoderl. sb Program in Chicago, proved the exact opposite. See, generally, De Witt, Karen, "Housing Voucher Test in Maryland is Scuttled by a Political Firestarm", The New York Times, March 28, 1995, p. B1Q; Brimmer, Psdrew_ F, "Home Ownership is tfie Disappearing American Dream", and "Aousing: we Do Rate", BSack Enterprise, Novzmber, 1982, pp. 4?, 26. - ' Second Sudicial District Court, First Division, St. Pau1, File T9-94-312. � McLaughlin Consulting Services, Lnc. Indian Rocks Beach, Florida • � T � � '. � } City of St. Paul B 36 January 8, 1996 • Adult Use Zoning Regulatior_s - - "Bookstore Defir_�tior" Prelimirary ?lann�ng Rev�ew The first document obtained by Mr. Tigue is a list of video stores in the City of St. Paul, indicating whether those stores have adult material and, if so, what percentage of the usabie floor area is devoted to adult materiai, whether that material is in a separate area, and whether there is signage that indicates i`s presence. �� Mr. Tigue aiso obtained a Iist entitled: "National Organizations", which lists two "anti- pornography lobby groups," the National Institute of Municipal Law Officers, and the Obscenity Enforcement I3nit of the United States Department of 7ustice. Since obscenity is not protected speech, the last group should have had little to contribute to the issue. The first two groups clearly have a political agenda ihat may interfere with their ability to provide objective data. Mr. Tigue also obtained a page of handwritten notes, apparendy from a city staff ineeting, discussing some of the issues related to the issue of Adult Bookstores. The notes refer to the Ir.terun Ordinance as if it were already in effect, and include the following notations: "Municipal campaian : Politics" and "Taste & Communiry Standards - Licensing Question" � McLaughlin Consulting S��vices. Iac- Indian Rocks Beach. Florida „.^ ; F 7� ° � �; •.. �3. ;,� ..� City of St. Pau1 Adult Use Zoning Regulations - "BOOkstore Definition” Preliminary Planning Review B 37 January 8, 1996 - • The first notation clearly suggests a bias and a�enda for the staff, while the second relates to potenually obscene materiai and is urelevant to the re�ulation of non-obscene material. Other pages of handwritten notes, including one dated 10/18/93, specifically list Music & More and Ezstacy tlouse as businesses to be targeted by the amendment. Mr_ Tigue also obtained the City Councii Agenda for December 30, 1993, which Agenda included an item to release funds from a contingency account for a Consultant study_ The resolution prepared for this release reads as follows: "WHEREAS a need exists to prepare documentation for zonino code language designed to regulate the proliferation of adult entertainment land uses;" �' cIearly indicating that the decision to amend the Zoning Code had been made, and the Consultant's work was to be a post hoc justification for the decision. The resolution established a budget of $5,076 for the preparation of a new definition and a determination of the impact of the definition on alternative avenues of communication for Adult Uses. The proposed contract with the Consultant 58 and the Request for Qualifications 59 include three S � Tigue A£fidavit, Exhibit J. sa Tigue Affidavit, Exhibit K. �� McLaugh2in Coasaltiag Sexvices, Iac_ Iad+_aa Rocks Beach, Florida � � � ,__ - .. _ �� .City o£ st_ paul . B 38 January 8, 1996 • A3ult IIse Zoning Regulations - "3ookstore Definition" Prelimiaary Pl�ing Review substantive tasks, inciuding locating or developing evidence about the effects of aduit home video sales and rentai businesses. Another set of handwritten notes 60 refers to "local exper[ise" and identifies as the source of that expertise "Appraisers, Realtors, etc." In doina so, it is clear that the City is going to continue the inappropriate methods of the Indianapolis, Oklahoma and Kent studies and use interviews and anecdotes when hard, fast and valid empirical data are readily available from the local government. �� These notes aiso cleazly define the issue to be addressed: "Does Use Have Secondary Effecu "What % of Use Has Effecu "How faz do Adverse Effects" thus properly framing the issue to be resolved in the Consultant's study. Another set of handwritten notes bi clearly establishes the bias of the City when it seu forrh the s9 Tigue Affidavit, Exhibit L. 6o Tigue Affidavit, Exhibit O. 62 Tigue Affidavit, Exhibit R, � McLaughlia �'�*+=+�Tting Services, Snc_ Indi�n Rocks Beach, Florida ,, i�`'. �,r �,: _ _City of St. Pau1 Adult Use Zoning Ftegulations - "Bookstore Def±nitioa'• Preliminary PIa�Ziag Review : • Januaiy 8, 1990 "Objective" of: "Mak[ina] Determination that Adult Book Stores have a deleterious effect." and again indicates the intention of impermissibly using anecdotal information instead of empirical data_ The Repon on the Secondary Effec£s of the Concentration of Adult Use Establishmenis in the Times Square Area, 62 is revlewed in detail in Appendix B-4. However, and in spite of entirely inappropriate comparisons between subject and control areas, the Times Square Study found, on the issue of properry values: • <� "Wfrile it may well be that the concentration of adult use establishments has a generally depressive effect on the adjoining properties, as a statisfical matter we do not have suffacient data to prove os disprove this thesis. It may also be that sunply the presence of adult Lse establishments is subjectively viewed by assessors as a factor that necessarily reduces the of an property [sic]. In short, assumptions may influence assessments." [EmgYiasis Addedj � and on the topic of crime rates found: "One cannot assert that there �s a darecf correlafion between these stat9stics and the concentration of adult use estabiishments on 42nd Street 6Z Insight Associates, Report on the Secondary Effects of the ConcenCration of Adu1t Use Establishments in the Tiunes Souare Area, New York, N.Y., April, 199?; Tigue Affidavit, E�chibit DD. 63 rb1C1_� D. 26. McLaughZin Coas�tting Sexvices, Sac. Indian Aocks Heach, Flarida � � • �City of St. Paul Adult Use Zoning P.egulations - "BOOkstore Definition" Prelimina: Plarning Review � . �. January 8, 1995 between Seventh and Eighth Avenue[s], or along Eighfh Avenue between 45th and 48th Streets. But there is very definitely a pointed difference in the number of crime complaints between these study blocks and their controls." [Emphasis Addedj �' � Therefore, to the extent that the Times Square Study was methodoIoa caIly sound, it did not demonstrate that Adult Uses produced adverse secondary effects. Further, the Times Square .Study did not deal specifically with Adult Bookstores without on-premises consumption. The final document germane to this Preliminary Planning Review obtained by Mr. Tigue 65 is a letter from McLaughlin Consulting Services, Inc. to Mr. Tib e stating that no adverse secondary effecu had been found to be associated with an Aduit Bookstore with no on- premises consumption, based on sound empirical analysis. One docutnent obtained by Mr. Tigue, � and the corresponding documents obtained by McLaughlin Consulting Services, Inc., are known as "Green Sheets". The purpose of these Green Sheeu is to provide summaries of the various unpacts of proposed Ordinances, including the advantages and disadvantages of approval or non-approval of the proposed Ordinance. The Green Sheet obtained by Mr. Tigue, related to the extension of the interim Ordinance, and dated 3/23/94, identifaes the following advantages and disadvantages: 64 Ibid_, P- 32. bs Tigue Affidavit, Exhibit NN. 66 Tigue Affidavit, E�aibit T. . McLaughlin Consulting Services, Inc. Indian Rocks Beach, Florida +A `� v-- � . / City o£ St. Paul Adu1t Use Zoning Regulations - "Bookstore Definition" Preliminary Planning Review �:;'�� January 8, 1996 0 Adult Bookstores from other jurisdictions, and material from the Ciry of Rochester dealing with the same issue. The Appendices to the document merit two specific comments. Fust, the suidies listed in Appendix A, in addition to being professionaliy inappzopriaie,'� aud lacking evidentiary value, '� do not deal with Adult Bookstores �ithout on-premises consuanption. The Adult Uses considered in those studies are adult theaters, min-theaters and cabazeu, but not bookstores without on-premises consumption. Except for the Rochester Study, which has been reviewed, but where the review has not yet been reduced to writing, the balance of the studies are reviewed in Appendix B. The studies thus deal with expressive • � activity different from that which the City of St_ Paul seeks to regulate. Conspicuousiy absent from the list is McLaughlin Consulting Services, Inc.'s 1994 Study of an Adult Bookstore in Rochester, Minnesota, which store had off-premises consumption only. Although ihe City obtained other material from the City of l�ochester, the one valid study extant was either not obtained or not considered. � Stuart, op.cit_ � Daubert, Federal Ju3icial Center, op.cit. McLaughlin Consultiag Sercrices, Inc_ Indian Rocks HPach, Flarida • • "City of St. Paul Adult Use Zoning Regulat�ons - "BOOkstore Definition" Prelimina:y Plarning Review : •� January 8, 1996 between Seventh and Eighth Avenue[s], or along Eighth Avenue between 45th and 48th Streets. But there is very definitely a pointed difference in the number of crime compiaints between these study blocks and their controls." [Emphasis Added] 64 � Therefore, to the exrent that the Times Square Study was methodoIogicaIty sound, it did not demonstrate that Adult Uses produced adverse secondary effects. Further, the Times Square Study did not deal specifically with Adult Bookstores without on-premises consumption. The final document germane to this Preliminary Pianning Review obtained by Mr. Tigue 65 is a letter from McLaughlin Consulting Services, Inc. to Mr. Tigue stating that no adverse secondary effecu had been found to be associated with an Adult Bookstore with no on- premises consumption, based on sound empirical analysis. One document obtained by Mr. Tigue, � and the corresponding documents obtained by McLaughlin Consulting Services, Inc., are known as "Green Sheeu". The purpose of these Green Sheets is to provide summaries of the various impacu of proposed Ordinances, including the advantages and disadvantages of approval or non-approvai of the proposzd Ordinance. The Green Sheet obtained by Mr. Tigue, related to the extension of the interun Ordinance, and dated 3/23l94, identifaes the foliowing advantages and disadvantages: 64 Ibid., p. 32. bs Tigue Affidavit, E�thibit NN. 66 Tigue Affidavit, Exhibit T. • McLaughlin Consultisg Services, Znc. Zndian Rocks Beach, Florida �� P,.� �; City of 5t. �trl Adu1t Use Zoning Regulations - "BOOkstore Definition" Prelimina_ry Plaxv-iing Review �� January 8, 1996 "Advaniages if Approved: "Su�cient time provided for zoning study and for action by Planning Commission and City Council. "Disadvantages if Not Approved: "Failure to extend the interim ordinance would result in reverting to the Legislative Code's p:evious definition af 'Adult Bookstore' which is more �eneral, possibly more vague, and, therefore, more susceptibie to a COnctihiti9n�t �hal}ers The Green Sheets obtained by McLaughlin Consulting Services, Inc. relate io the original Inierim Ordinance (Green Sheet dated 2/26/93) and to the final Ordinance (Green Sheet dated 7/14/95). For the original Interim Ordinance, the advantages and disadvantages are described as follows: "Advantages if Approved: "The interim ordinance shall give the City standards to better determine if bookstores should be considered as 'adult bookstores'for zoning purposes. These temporary standards can be used until the Planning Commission completes its study and clear and legally justifiable standards can be drafted. "Disadvantages if Not Approved: "There will be continued lack of clarity of the definition of ' adult bookstore' complicating the determinauon of proper zoning regulations. Bookstores with MeLan4hlzn Consulting Services, Ine_ Indian Rocks Beack:, rZorida I 1 ` J � • � • City o£ St. Pau1 Adult Use Zoning Regulatior_s - "BOOkstore Definitioa" ?relim:nary Blan_ning R_view � � ,-� �, ,- y , �: _ � �..� January 6, 1996 an emphasis on the depiction or description of 'specified sexuai activities' may continue to be located in residential, park and school ground areas allowing easier access for minors and causing a hardship on the neighborhood." The advantages and disadvantages of the fmal Ordinance are set forth as follows: "Advantages if Approved: "Video and bookstore owners and city enforcement officiais do not know in advance how much aduii materiai constiiuYes an adult booicstore. � "Disadvantages if 1Vot Approved: "Enforcement officiais will remain uncertain of what is and is not an adult bookstore. " In the discussion of "Disadvantages if Not Approved" of the original Interim Ordinance there is a brief, although unsubstantiated, discussion of the alleged adverse secondary effects of Adult Bookstores without on-premises consumption, in the statement: "causing a hardship on the neighborhood." There is no snbstantiation foz this assertion, and none was produced through the adoption of the second Interun Ordinance and the final Ordinance. What is missing from the other Green Sheets are assertions, substantiated or otherwise, that • McLaughlin Consulting Services, Inc. Indian Rocks Beach, Florida .�, : " �; � o ._ `. �� City oi St. Pau1 Adu1t Use Zoning Regulations - "Bookstore Definitior." Preliminary Planning Review � January 8, 1996 \ J Adult Bookstores from other jurisdictions, and material from the City of Rochester dealing with the same issue. The Appendices to the document merit two specific comments. Fust, the suidies listed in Appendix A, in addition w being professionally inappropriate,'� and lacking evidentiary value, " do not deal with Adult Bookstores without on-premises consuanption. The Adult Uses considered in those studies are adult theaters, min-theaters and cabareu, but not bookstores without on-preanises consumption. Except for the Rochester Study, which has been reviewed, but where the review has not yet been reduced to writing, the balance of the studies are reviewed in Appendix B. The studies thus deal with expressive � activity different from that which the Ciry of St. Paul seeks to regulate. Conspicuousiy absent from the list is McLaughlin Consulting Services, Inc.'s 1994 Study of an Adult Bookstore in Rochester, Minnesota, which store had off-premises consumption only. Although the Ciry obtained other material from the Ciry of Rochester, �he one valid study eztant was either not obtained or not considered. � Stuart, op.cit_ � Daubert, Federal Judicial Center, op.cit. M:Laughlin Consulting Services, Inc_ Indian Rocks SPach, Flnrida • � , �. „ � � �„` -.,�; City of St. Pau1 . $¢( Jar!uary 8, 1996 • Adu1t Use Zoring Regulations - "BOOkstore Deiinition" pr=l;miaary ?la, �ev:=_w Also absent from the iist of studies was a report prepared by the City of Daytona Beach, apparently in the late 1970s, which considered a business identical to that at issue in St. Paul, and found: "The News Mart, 214 North Beach Street, books, mag �7n s. "There have been no problems at this b¢siness. The books are wrapped in p2astic foil and customers are not allowed to read them. A separate area is marked off." � Therefore, two documents which disprove the City's theory, one prepared by a local govemment, were not considered in the formulation of the definition of Adult Bookstore. The other relevant observation about the Appendices to this document relates to Appendix C, the Consultant's report. As set out above, the Ciry sought: "documentation for zoning code language"; the proposed contract with the Consultant' and the Request for Qualifications' include three substantive tasks, including locating or developing evidence about the effecu of aduit home video sales and rentai businesses; and Staff created the "Objective" of: 74 Tigue Affidavit, Exhibit J. � Tigue Affidavit, E�ibit K. � Tigue Affidevit, Exhibit L. • McLaughlin Consulti.ag Sexvices, Znc. Zn3ian Rocks Seach, Florida s ��,—Ib�� City of St_ Pau1 $ 4� January 8, 1996 Adult Use Zoning Regulations - "BOOkstore Definition" Preliminary Planning Rzview "Mak[ingJ Determination that Adult Book Scores have a deleterious effect." � Accordingly, one would expect that the Consultant's report wouid at least address the issue of the alleged adverse secondary effects of Adult Hookstores without on-premises c.Qnsumptio� As evidenced in this document, several such stores exist in the City_ Property value data for these stores and their environs are readily available from the City Assessor, and the St. Paul Police Depamnent keeps records of calls for service by address. In addifiion, other jurisdictions such as Minneapolis and Rochester have similar stores, with golice, properry value and urban renewai data ali readily available. Since the Consuitant's scope of work was specifically to include Iocating or developing evidence about the effects of adult home video sales and rental businesses, consistent with the City's orientation and objectives, and since no such report is made, the most reasonable inference which can be drawn from the ConsultanYs report is that no such effecu exist. Thus, based on a review of the alleged predicates to the amended definition of Adult �� Tigue Affidavit, Exhibit R, McLaughlia Caasu2ting Services, Inc. T**�7��n gpcks Beach, Florida � � • � �� , � �� CiLy o£ St. Paul B c($ January 8, 1996 • �A3ult Us_ Zoning�R=_gulations - . "BOOkstore Defir_ition" Preliminary Pl�+ui:ng Revi_w Bookstore in the City's Adult Use Zoning Regulations, it must be concluded that: the predicates are academically, professionally and scientifically unsound, and lack evidentiary value; nothing in the predicates addresses the specific issue of Adult Bookstores without on-premises consumption; and two studies dealing with this issue, and finding no adverse secondary effects were not considered by the City. � Accordingly, there is no adequate, proper or appropriate predicate demonstrating that Adult Bookstores without on-premises consu�ption cause adverse secondary effects, and that the amended defuution of Adult Bookstore advances any governmental interest whatsoever. 9.3 The Adult Use Regulations: Since this Preliminary Pianning Review focusses on the amended definition of "Adult Bookstore", the City's other Adult Use Zoning Regulations are only of peripheral importance. In summary, Zhose regulations: • McLaughlis Consulti.ng Services, Snc. Indian Rocks Heach, Florida �� City o£ St. Paul Adu1t Use Zoning R=_gulatioas - "Bookstore Definition" Preliminary Planning Review � .. January 8, 1996 • - limit Adult Uses to the B-3, B�, B-5, I-I and I-2 Zoning Districts; - require a special condition use pernut for all Adult Uses; - require an annuai review of the special condition use permit; - require segregation of Adult Uses from one another by either 1,320 feet (114 mile,) or 2,640 feet (1I2 mite); - require that Adult Uses be segregated from Residential Zoning Districts by either 400 or 800 feet; - require that Adult Uses be sea egated by 200 feet or 400 feet from certain protected uses including schools, parks and houses of worship; - prohibit more than one Adult Use from being located on one lot; - provide for potential waivers of the segrega�on require�enu, based on a referendum type proceeding. '$ A sununary oi the regulations is found in Appendix C to this report. The definirions of "Adult Bookstore" germane to this Pref�ary Planning Review are as follows: � Tigue Af£idavit, Exhibits M and N. The greater segregation reauirements app27 to the B-3, I-1 and I-2 Zoning Districts which are �ound throughout the City, while the lesser requiremer_ts apply in the B-4 and B-5 Zoning Districts which are found in the downtown core. � McLaugh2ia Consultiag Seivices, Iac_ Indiaa Rocks Heach, Florida • _City of St_ Paul • Pdult Use Zoning Regulations - "BOOksto-e DeEinitior" n*elininz-y Pla=.r_ing Revie« ORIGINAL DEFINITION � "AduZt bookstore. A building or portion of a building used for the harter, rental or sale of items consisting of printer matter, pictures, slides, records, audio tape, videotape or motion picture film if such building or portion of a buiiding is not open to the pubiic generally but only to one or more classes of the public excluding any minor by reason of age, or if a su�stantiai or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of 'specifie3 sexual activities' or 'specified anatomical areas." No obscene work shall be ailowed." I: 1 INTERIM ORDINANCE "Adult bookstore. A buildin� or a portion of a building used for the barter, re^;al er sale ef items consisting of printed matter, pictures, slides, records, audio tape, videotape or motion picture fIlm if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of 'specified sexual activities' or 'specified anatomicai areas." ' Substantial or s a°nificant portion of items' for purposes of this interim ordinance, shall mean �o more than 15 % of usable floor area. No obscene work shall be aliowed." ��.�:. � ,, _ January 8, 1995 t .__ •;)1 � "Adult bookstore. Adult bookstore means a building or par[ of a 3uildillg used fer the barter, rental or sale Qf a significant partion of items consisting of (1) instruments, devices, or paraphernalia which are designed for use in connection with 'specified sexual activities' or (2) printed matter, pictures, slides, records, audio tape, videotape, motion picnue film, or CD Roms or another form of recording if such items are characterized by an emphasis on the depiction or description of 'specified se�:al activities' or � specified anatomical areas'. S o°nificant portion of items shall mean more than fif�een (15) percent of usable floor area or more than one hundred and fifty (150) square feet of floor area used for the display and barter, rentaI or sales of such items. No • McLaughlin Cons¢Lt�ng Services, Znc. Indian Rocks Beach, Florida �� : City of St. Paul � Adu1t Use Zoning Regulations - "Bookstore Definition" Prelimir.ary Planning Rev_ew B51 January 8, 1996 obscene work shall be allowed." T??e In+_erim Ordiaance ±ook effec*_ 30 days �fr.er is passage, and made no provision for the continuauon or "amortization" of exisring non-conformiug uses. Some, but not ali, of the other zoning terms employed in the above definitions are defined. The amended definition of Adult Bookstore clarifies some of the vagueness of the grevious defuvtion, but stilt requires an adequate predicate to show that it advances some substantial governmental inte_*est. As set out in section 9.2, above, no such predicate was established. � � MeLaughli.a c'�*+G+*lting Services, Inc_ Sndian Rocks Beach, Florida • City o£ St_ Paul ' C I • Adult IIse Zoning Regulations - "Bookstore De=ir.ition" Preliminary Planninc Review C_ ORDINANCE APPLICATION 10. GENERAI. �� *; � r � r� ." i' '�' : Januaxy 9, 1996 As stated in Chapter 2 and Section 9.1, above, Adult Use Zoning Regulations are valid, only when they are addressed at the aileged "adverse secondary effecu" of Adult Uses, and not at the content of speech offered by an Adult Use. A IocaI government must reasonabty believe that there are adverse secondary effects associated with Adult Uses, in order to validly regulate them. As set forth in Chapter 9, above, the Ciry of St. Paul did not, at the time of ihe adopuon of its original Adult Use Zoning Regulations, have before it an adequate predicate establishing the aileged adverse secondary effects of Adult Uses either in the City or in other jurisdictions. In particular, the Ciry had no predicate whauoever to support ihe amendment to the definition of Aduit Bookstore. Further, as stated above, the studies prepazed by most local governnxents are academically, scientifically and professionally unsound, and do not document the alleged adverse secondary • McLaughlin Consultiag Services, 2nc. Indian Rocks Beach, Florida ��,-�� City o£ St_ Paul f � Adult L7se Zoning Regulations - "Bookstore De£irition" Preliminary Planning Review CZ January 8, 1996 effecu of Adult Uses, which are generally allened to include increased levels of criminal activity, depression of properry values and urban biight. Academically sound statemenu in the "studies" include: the observauon in the Indianapolis Study that it is unclear whethec Adult Uses cause areas to decline, or whether they settle in areas akeady in decline; ihe finding in the Indianapolis Study that there was no causal relationship between Adult Uses and crime rates; the fmding in the Los Ange2es Study that there is no direct causal relationship between Adult Uses and declining property values; Empiricai data collected by the C6nsultant, including the data reported in Chapters i l, 12, 13 and 14, below, reveal that there is not the causal relationslup purpor[edly found by the "studies". These data have been coilected in, among others, the following jurisdictions: - St. Cloud, Minnesota; - Rochester, Minnesota; - King County; (suburban Seaffie) Washington; - Kansas Ciry, Missouri; - Cleveland, Ohio; � � ;� ! McLaughli.n c'�. Services, I^c_ Zndian Rocfcs Heach, FSorida • �, � � �-, � ° '`3 : ; '�� • - City of St. Pau1 Adult Use 2on±ng R_gulations - "Bookstore D_iinition" -� Prelimiaary Planning Review - Niagara Falls, New York; - Byron, Georgia; - Albany, Georgia; C3 - Hillsborough County, (Suburban Tampa) Florida; - St. Johns County, (St. Augustine) Florida - Tazpon Springs, Floridz; and - St. Petersburg, Florida. � January 6, 1996 Further, the Consultant has analyzed changes in property values around the Ferris Alexander properties in Minneapolis, Minnesota, and around a number of control uses in the same Ciry. The analysis considered the periods before and after the Alexander Adult Uses were suddenly closed. Aside from the one building which was demolished and replaced by a major new state office building, property values around the Atexander properties and property values around the control uses, behaved the same as each other, and behaved the same before and after the Alexander properties were taken. Therefore, 2here are first hand, empirical data from Minneapolis, Rochester and the other jurisdictions listed above, that show no adverse • McLaughlin Consultisg Services, Inc. Inciiaa Rocks Beach, Florida �, �'� _ � � � �� - City of St. Paul Adult Use Zoning Regulations - "BOOkstore Definition" Preliminary Planning Review secondary effects associated with Adult Uses. � Jaauary 8, 1995 • C4 In Rochester, a study was conducted of property values and calls for police service at Downtawn Book, an Adult Bookstore with off-premises consumptioa onty, and at several conL-ol uses, so that first-hand, empirical data are also reported herein to demonstrate the p: esence or absence of adverse secondary effecu related to Downtown Book. � McLaughlin ConscLtting Services, 7sc_ Sndian Rocks Beach, Florida • �. � � �� _ t�� . . City o£ St. Pau1 • Adult IIse Zoning Regulations - "3ookstore Definition" Preliminzry Planning Review l I. STUDY AREAS � CS Jaauary 6, 1996 In order to properly deteimine whether Music & More in particulaz, and Aduit Bookstores without on-premises consumption in general, cause "adverse secondary effects", ii is necessary ±o review comparative demands for police service, and comparative properry values in the areas of the Adult Uses and in a series of control areas. The City af St. Paul identified 41 book and video stores within the City. Of these 41 businesses, one is located in a shopping center, and, thus, had no independent property value or crune data available for it. Of the remaining 40 businesses, eight offer no adult material. Accordingly, the comparison of properry values, and what compazison could be done of police data, was done comparing the 32 stores with adult material to the eight stores without adult material. Because of constrainu on the data collection in St. Paul, an unconstrained analysis done in 12ochester, Minnesota, in Febn:ary, 1995, is also reponed in this Preliminary Planning • McLaughZia Con..sulting Services, Sac_ Fndiaa 1Zacks Heach, Florida �, ,� ' �.� � ' City o€ St. Paul� Adult Use Zoning Regulations - "BOOkstore De£inition" Preliminary Pla.-uiing Review C6 January 8, 1996 � Review. 1 For the St_ Paul comparison, census data 2 were considered to ensure that there no anomalies in the resident populations of the various azeas that might affect the results of the analyses_ Tnne did not pemut a comparison of daytime populations, although the areas were reviewed in the field. In Rochescer, study areas were established around Downtoxm Book along with five control tand uses. The control land uses were selected as specific uses that were sun:lar in nature to the subject tise_ There are no other Adult Uses in the City of Rochester, so none of t�e control areas includes any Adult Uses and, the study area around the Adult Use was selected � � to eliminate as many as possible other potentially problematic land uses. Additional caze was taken to ensure, where possible, that trip aeneration and similaz features of the control uses were as similar as possible to those of an adult book and video store. 1 McLaughlin Consulting Services, Inc., City of Rochester, Ad�t Use Zoning Regulations, Preliminary Planning Review, Zndiazz Rocks Beach, Florida, February, 1995. 2 Planning Division, 1990 Census Data, op_cit. McLaughlis C�sultiag Sezvices, Znc. IacFi.aa Rocks Heach, r^1o=ida • � City of St_ Paul • Adult Use Zoning�P.egulations - "BOOkstore ,7efinition'� ?reliminaxy Pla�ning Review �� C7 �> .,,. o �+ � � t� .�; ,"� Januaxy B, 1996 For the St. Paul properry value analysis, and for both the properry and crime rate analyses in Rochester, the study area comprised the block containing the subject use, and the opposite block face (or block faces in the case of a comer properry). In St. Paul, Part I Crimes, and Vandalism were calculated for each reporting grid maintained by the Police Depa.-tment, as time did not permit reguesting and obtaining detailed call for service data for the same areas reviewed for properry values. It should be pointed out, however, that these data are readily available and could have been obtained by the City and/or its Consuitant to determine if the amended definition of Adult Bookstore would advance the substaatial governmental interest of reducing crime. In Rochester, calls for police service were obtained for powntown Book, all the control uses, and one control area. Froperry value information was obtained for ali con�oI uses and areas. The Rochester study areas were as follows: Q 1. 2. Downtown Book, 220 ist Avenue S.W. Christian Book & Gift Shop, 815 North Broadway Blockbuster �deo, 455 11th Avenue N.4V. • McLaugklia Consulting Services, Zac. Iadian Rocks Beach, Florida � �� City of St. Paul . C$ Adu1t Use Zoning Regulations - "BOOkstore Definition" P,reliminary Planning Review 3. Book Review, 611 North Broadway 4. Econo Video, 444 3rd Avenue S.E. Januasy B, 1996 Three conuol uses are effectively in the downtown area, wlule BZock6uster is in an e�nuban area. The downtown uses are in the same censt:s tract and thus are in areas with similar demographic characteristics and similar tand use charaeteristics. "Fhe area around Blockbuster is more suburban but would have a more affluent demographic profile. Census tract data 3 were reviewed to detemvne whether resident ` populations in the control uses and in the sub}ect area had generaIly similar desographic (inciuding housing) chazacteristics. Accordinoly, the Btockbuster control area was a more stable residential area than the subject area, (which includes the other cantrol uses,) and is significandy less likely to experience hioher crime rates or declining properry values. ' United States Department of Commerce, Rochester/Olmsted Covnty Censixs Data, Government Printing Office, Wash_ington, D.C_, 1992. • No data were available for daytime populations. MeLaugfilia c'r,..�*��tiag Sezvices, Ine. Indian. Kocks Beach, Florida . \� C � � S ^a � �� i.i _City of St. Paul • Adult Use Zoning Regulations - "Booicstore Defiaition" Prelimira*_y Planning Rev_ew r � � C9 � January 8, 1996 Beyond the extent to which increases in demand for police services and decreases in property value contribute to urban blight, the bliaht determinations in both St. Paul and Rochester were not subjecied to the same type of analysis but, rather, blighted areas were established based on an interview with staff in each City; planning staff in St. Paul, and the City's Community Development Block Grant program coordinator in Rochester. On the basis of the foregoing research, this Planning Review will consider the data collected, and w71 reach conclusions on the demand for police service and on property values, as reported in Chapters 13 and 14, below. • McLaughlia Consvlt+ng Sezvices, Zac_ Zndian Rocks Heach, Flo=ida � �� City oi St_ Paul Adult Use Zoning Itegulations - "BOOkstore Definition" Preliminary Planning Revi=w [�III� 12. BLIGHT January 8, 1996 • As set out in Chapter 10, above, urban bIight has two relatively tan;ible or measurable coFnponenrs: higher crime rates and lower properry vaIues. Less measurable indicators of blight include increases in the amount of vacant building space in an area; reductions in owner-occupied dweIlinas, changing demographic characteristics and intrusion of incompatible land uses. There is a synergistic quatity to urban blight, with the presence of one factor oHen leading to the presence of other factors. As stated above, the Indianapolis study of Adult Uses acimowledges that it is unclear whether Adult Uses tend to locate in azeas already in decline, or whether they cause the areas to decline. For example, if dwelling units become tenant occupied, a result of this demoa aphic cfiange might be changes in land use characteristics, including the existence of temporary help agencies, blood plasma sales clinics, and alcoholic beverage establishments. These land uses, in turn, might lead to an increase in crime rates. � McLaughlin Consulting Senrices, L2c. 2ndiza Rncks 3each, Florida • .City of St. Paul • Adult Use Zoning Regulations - "Bookstore Definition" ?relimina='y P1azL*iing R=view • C 11 � �'� �- -. a ,,.� ,�, January 8, 1996 If crime rates increase in an area, a synergistic result might be a decline in property values. As property values deciine, an area will become more amactive and affordable for lower value commercial uses, such as second hand stores, low cost retail stores, etc. , and other businesses looking for lower rent locations, sometimes includiag Adult Uses_ Therefore, urban blight is a significant problem for a local government, and warrants remedial action. Curative efforts should be made with respect to all land uses which might contribute to urban blioht, including any Adult Uses which actualiy do create adverse secondary effects. Urban blight is remedied by a number of governmental actions. These actions aze usualiy administered by the local government, but are often based on Federal or State programs. Th� key Federai program is the Community Development Biock Grant proo am (e.g. 42. U.S.C. §§ 1437, 5318) which provides funding to local govemments for the redevelopment of azeas within its jurisdiction, areas which are often blighted. Minnesota permits cities to undertake urban renewal projecu where a city or parts of it have become blighted, and urban • MCLaugh2i.n Consvlting Servi.ces, Inc_ Indian Rocks Beach, Florida ,- �_ �� .. City o£ St. Pau1 Adu1t Use Zoning Regulations - "BOOkstore Definition" Preliminary Planning Review January 8, 1996 • C �2 renewal may be undertaken in both residential and non-residential areas. ' Urban renewal projects generally have several components, and can range from enhanced code enforcement, requi� properry owners to repair their properties to comply with code requirements; to actual acquisition of blighted areas by the local aovemment, and their redeveIopment either by the government, or by a public{private cooperative effort. Between the more extreme examples of urban renewal, above, urban renewal efforts might include repairs to a city's infrastructure; streetscaping; development of community facilities; changes in zoaing requiremenu to gradnally eliminate incompatible land uses, as they, on their own cease to exist; changes in tra�c patterns; and private, collective effor[s to improve real properties beyond the minimum code requiremeau. To address the problems of urban blight and proceed with urban renewal efforts, a local government must generally identify its blighted ueas in iu Zoning Ordinance, Comprehensive Plan, or in urban renewai pianning documenu. s e.g. §§ 460.001, et_seq., Minnesota Statutes Annotated, op.cit. McLaughlin Caasezlr�ng Services, Zac. Indi.an Rocks Beach, Florida • �� ' _ _ :± , City o£ St_ Paul . Adult Use Zoning Regulations - 'BOOkstore Defi*_ition" Preliminarv Plaa^ing P.ev:ew • C 13 Jaauaiy 6, 1996 Although the Ciry of St. Paul has detemuned several areas to be blighted, including one area with some Adult Uses, there is no evidence available to the Consultant which shows a correlation between the presence of Adult Uses and blight determination. Further, the area of Music & More has not been determined to be blighted. The City of Rochester identified its blighted areas primarily in its urban renewal plans, although there are some references to the need for re development in the 1979 Comprehensive Plan. The urban renewal pIans are azea specific, and include the downtown area, which was identified in the mid 1980s as "blighted". 6 Since there were no Adult Uses in downtown when the area was designated as blighted, the urban blight was obviously not caused by Adult Uses. Rather, as noted in the Indianapolis Study, the present situation might be one where the Adult Use(s) established in an area already considered to be deteriorating. Therefore, while both St. Paul and Rochester are undertaking significant urban renewal 6 Interview, Theresa Forman, Rochester Housing Authority, Community Develonm>nt Slock Grant Program, February, 1995. • McLaugkil7.tt COT«>>r�*+� Services, Snc. Indian Racks Beach, Florida • �. � � f� � 4 �>� �� City o£ St. Paul C 14 January 8, 1996 Adult Use Zoning Regulations - . "BOOkstore Definition" Preliminary Planning Review efforts, St. Paui has not identified the area of Music & More as blighted, and Rochester identified a need for such efforts near powntown Book six to seven years prior to the establishment of the use. Accordingly, based on the foregoing reviews of the urban renewal plans of St. Paul and Rochester, there is evidence of blight in the Cities, but, and notwithstandi�g the alleged findings of many of the "studies" that Adult Uses cause urban blight, blight is not a proper predicate for the amendment to the definition of "Adult Bookstore" in the City of St. Paul Adult Use Zoning Regulations. / 1 u � McLaugh.Iia Caasulting Services, Sac_ Zadian Rocks Beach, Florida • �; -" - -� ,: .City o£ St. Paul. � Adult Use Zoning Regula�ioas - "BOOkstore Definition" Preliminary Plazu�ing Review C 15 13. DEMAND FOR POLICE SERVICES Janua: 8, 1996 Although police data are readily available from the City of St. Paul Police Depar[ment, no police data were obtained by the City or its Consultant in support of the proposed amendment to the definition of Adult Bookstore. Time did not permit McL,aughlin Consulting Services, Inc. io abtain these data. . However, the Police Department does publish a Crime Repon, ' which provides some usefial information. In par[iculaz, the Crime Report sets forth Part I Crimes $ plus arson, organized by reporti.zg grid throughout the Ciry, on a per capita basis_ While the crimes ailegediy amibuted to Adult Uses are generally not Part I crunes, 9 this report does provide useful background on the overall siatus of the subject areas. Coupled with the Rochester analysis below, it is adequate eo form a conclusion with respect to the impact, if � St. Paul Police Department, 2994 Crime Report, St. Paul, NII�, 1995. 8 Homicide, rape, robbery, aggravated assault, residential and commercial burglary, theft, motor venicle theft and arson. 9 More often being alleged to include prostitution, misdemeanor drug o£feases, lewdness, loitering, etc. • McLaughlin Consulting Services. Sac_ Indiaa Rocks Seach. Florida f�� "� �T a �' 'e�; ,. �"-' '�' �.,` City o£ St. Paul Adu1t Use Zoning Regulations - "Bookstore Definition" Preliminary Planning Review any, of Adult Bookstore on crime rates. C 16 January 8, 1995 • One reporting grid including two stores with adult material (2% and 22%) did experience an ancrease in Part I crimes pius vandalism over the study period. However, anoF.her grid with three stores with adult material (8 %, 10% and a catalogue,) experienced a decrease of 173 % in Part I Crunes. Another reporting grid, with an Adult Bookstore with 100% adult materiai, experienced a decline of 17.67,% of Part I Crimes. Yet another grid, with two Adult Bookstores (100% and 45%,) experienced a decline of 11.19% in Part I Crimes. The reporting grid including Music & More on West 7th experienced a decline of 36.70%. Therefore, based on the data available with resgect to Part I crimes plus vandalism, it is abundantiy clear that there is no causal relationship between Adult Bookstores and crune rates. In the Rochester Study, inquiries were made of tiie City of Rochester Police Department to deteimine the demand for police services at Downtown Book and in iu study area, and at each of the control uses, and within their study areas, as described in Chapter 11, above. Data • McLaughlia Coasu2tinq Services, Isc_ Iadiaa Rocks Heach. Flozida • City o£ St. Paul C 17 January 6, 1996 • Adult Use Zoning Regulations - "Books=ore Definitioa" Prelimiaary ?lanniag Rev±ew were requested for the one year period ending 12/3/94, and were requested as a total of all caIls for police service at each address. The data supplied by the Rochester Police Department include sufficient detail to determine the nature of each call. Calls for police service generaily fall into one of three categories: a cail related to the nature of the land use; e.g. defrauding an innkeeper or drunkenness at a bar; driveaway without paying at a self-serve automobile u service facility; a caii that any business (or residence) might incur; e.g. robbery, burglary, bad checks, shopiifting, etc.; or incidental calls, where tLe cail is made from a particular location, but is < unrelated to the location; e.g. an automobile accident on the adjacent street. The cails for police service in 1992 are divided into the above three categories, and are reported as follows: 'o 10 City of Rochester Police Departmeat, Prior Zncident Report by Address, Printed, January, 1995. • McLaughlia C�sulting Services, Inc. 7ndian Rocks Seach, Florida �'+ f e . �� EJ �City of St. Paul ?dult Use Zoning Regulations - "BOOkstore Definition" �. Pre2iminary Planning Review Total Dow�ntoxm Book Christian Book Blockbuster Econo Vdeo Book Review C Ig Januaxy. 8, 1996 INDIVIDUAL BUSINESSES Specific Anv Business Business IncidentaI 0 12 3 0 3 1 0 14 4 e o 0 0 2 0 1 J 4 18 0 2 Further analysis of the reports 11 for the study a*eas of Downtorrn Book and Book Review was done, with the following resuits: Downtown Book Book Review Specific Business 4 19 STUDY AREAS �X Business 64 33 Incidental Totai 18 86 4 56 • � �� City of Rochester Police Department, op.cit_ McLaugh2in Consulting Services, Znc. Indian Racks Heach, £2orida • C14 �, �� , �-, ,�. � _ f �'_ _. .City o£ St_ Paul � A3ult Use Zoning Regulatioas - "Bookstore Defir_ition" Preliainary P1an:_ing Review � January B, 1996 In addition to the police calls reported above, the Rochester City Hall, (which does not include the police station,) adjacent to Downtown Book, has an extremely high demand for police services, which dema.nd would afFect the entire area, including the neighboring Z3owrtown Book, and which demand does not, however, reflect any actions of the business or its customers. � In the one year period studied, 233 attendances at City Hall were logged by the Police Deparanent. Several cails were special duty, presumably the provision of security for Ciry Hall events, there were also two arrest wazrants served, one disorderly conduct, two intoxicated persons, one criminal damage to property, one fight, and several suspicious persons. In total, there were approxunately 63 cails for police service at City Hall, which were unrelated to the Police Department's admuustrative duties. From the foregoing analysis, it is evident that the high demand for police services in the uea oi Downtown Book is caused by City Hali, and not by any other Iand use_ Further, with respect to the crimes allegedly associated with Adult L3ses, - sexual related �q • McLaughlin Consultiag Services, Zae_ Zndian Rncks Beach, F1Qrida >- ° ` � ,�, �N � a �City o£ St. Paul C Zp January 8, i996 • P_dult Use Zoning Regu3:ations - "Bookstore Definition^'- Pre�iminary Planaing Review crimes and narcotics violations, calls for police service related to these crimes were also entirely absent from Downtown Book and its area. Downtown Book simply does not have a high demand for police services. Accordingly, there is no evidence that Downtown Book has any adverse secondary effects related to increased demands for police services. Thus, and notwithstanding the "fmdings" of many of the local government studies, increased crime is not a proper predicate for the Aduit Use Zoning Regulations in Rochester, or as amended in St. Paui. • McLaughlin Cvasultiag Services, Fac. Sadi� Aocks Beach, Florida • i FJ .. . a " City o£ St. Paul • Adult Use Zoning Regulations - "3ookstore De�iaition" Preliminaxy Pla^.r_ing 2eview 14_ PROPERTY VALUES C 21 Sanuary 8, 1996 The last key, alieged adverse secondary effect of Adult Uses is declines in property values. To determine if this secondary effect is present in the area of the Adult Bookstores in the City of St. Paul, property value data for the period 1992 to 1995 were obtained for 22 stores with some adult materiai, located in the Ciry's exurban and suburban areas, and for seven book and video stores, also located in the City's e�curban and suburban areas, and with no adult material. � Property values in the 22 areas with book or video stores with aduit material increased an average of $106,423 per area (0.23%). In contrast, propercy values in the areas of the seven book or video stores with no adult material decseased an average of $82,954 per area (0.22%), again showing that there is no causal relationship between Adult Bookstores and declining properry values. In the City of Rochester property value data were obtained forthe study areas described in Chapter 11, above. • McLaughlin Caasulting Services. Inc. Sndian Rocks Beach. Florida il �� w � ^�^ i.0 �� k3 Si City of St.;Paul Adult Use Zoning�Regulations - "Bookstore Definition" Preliminary P1ann_ing Review Property values, generally for the period from 1992 to 1993, were obtained from the Office of the County Assessor, based on public information available in this Office's files. lZ These data were analyzed by McL,aughiin Consulting Services, Inc. to detemune changes in proper[y values azound Dowruown Book and around the four control uses. In summary, the value of Downtown Book and three of the control uses did not change, while the value of the other control use declined 4.24%, for an overall average decline of 1.06%. ; C 22 January 8, 1996 With respect to the study areas, properry values in the vicinity of Doivntown Book decreased 333%. However, this decline was attribvted eniirzly to two buildina;, a retail store with aparnnents on the second floor, and a major office building_ In 1993, the retail store converted the apartments to storage, and gave up the income from their rental. Also in 1993, a clinic in the o�ce building completed construction on iu own facility, (which constcuction began prior to the opening of Downtown Book,) and moved from the office building, leaving one floor entirely vacant. These two changes fi�red into the =' Olmsted County Assessor's Of:ice, Fie1d Records for the addresses studied. Rochester, Minn., Januaxy, 1995. � • � McLaughlis C�sultina Servicros, Zac. Indian Rocks Beach, Flarsha • �� City o£ St. ?aul . � Adult Use Zoning Regulations - "BOO!cstore Def±nition" ?relimina�'y Pla*uiing Review i • C 23 �;'°^,:� " January 8, income approach to the assessments, and were solely responsible for the decline in property values in the area of Downtown Book. 13 Property values in three of the four control use study areas increased, but decreased in one control area. On average, the property values in the four control areas increased 2_28%, conpared to a deciine of 333% in the sub}ect area. However, if the two buildings which lost tenants are excluded from the analysis, progerty values in ihe subject area increased 0.03 %. Given thatthe subject area had been declared "blighted" several years prior to the opening of Downtown Book, the stable property values in that area show no adverse effect from the opening of the adult bookstore. Accordingly, there is no evidence that Downtown Book has any adverse secondary effects related to decreasing properry values. Thus, and notwithstanding the alleged findings in most Adu�t Use "studies" decreasing property values are not a proper predacate for the City's Adult Use Zoning Regutations. 13 Znterview, Gary Wondrow, Olmsted County Assessor's Office, January, 1995. McLaugh2in C�su2tiag Services, Inc. Iadian Rocks Beach, Florida �- _ �; :`; . e, city of st. Paul Adult IIse Zoning Regulations - "BOOkstore Definition'� Preliminary Planning Review C 24 January 6, 1496 �` � u 15. ANALYSIS 25.1 Facial Considerations: In the statement of purpose to Ordinance 93-279, the City Council stated: "... The City Council has become aware that the existing definition [of Adult Bookstore) r.2ay require revision because of the a3vent of vidPc stores and other changes in the operation of bookstores which have occurred since the Council last considered adult-type uses and theYr adverse impact on the City_" (Emphasis Added] • I� On the "Green Sheeu" described above, tne City states that a purpose of the interim Ordinances was to allow time to smdy and document the adverse secondary effecu of Adult Bookstore without on-premises consumption, and the staff notes, request for qualifications and proposed Consultant contract all identified the need for documentation of the alleged adverse secondary effecu of Adult Bookstores without on-premises consumption. Instead of providing such documentation, the Ciry considered definitions used in other jvrisdictions, and then pulled from thin air the 15 % thres�old. The Ciry has acimowledged that video stores witfiout on-premises consumption are a new type t�icLaughlin Consultisg Services, 2ac_ Zndian Rocks Hearn, Florida • L � �City of St_ Paul� Adu1t Use Zoning Regulatiors - "Bookstore De�inition^ Prelimiaary Planr_ina Eeview � I C 2� ^ �' i� Sanuary 8, 1996 of Aduit Use, and that this use requires study. The City further announced its intenrion to undertake a study of this type of use. However, no such study was done. Accord'mgly, the only reasonable inference from these circumstances is that the City new that such a study would not fulfill its objective of documenting the politically determined need for the Adult Use Zoning Regulation Amendment. Thus, the City sunply abandoned the proposed study, and pulled a threshold .�� n � . Further, the Amendment to the Ciry of St. Paul Adult Use Zoning Regulations, redefinina "Adult Bookstore" was adopted based solely on insufFcient and inapplicable studies, which did not provide the City with a reasonable belief that ihe City needed to be concerned with redefining the term: "Adult Bookstore", and upon which no prudent and reasonabie ?and use planner or local government o�cial could reasonably rely. Empirical data obtained in both St. Paul and Rocfiester, Minnesota, show that there are no adequate predicates for the amendment to the definition of Adult Bookstore. (Similar results were reached in St. Cloud, Minnesota, and in the other jurisdictions listed above.) I2elevant specific research in the City of St Paul has also failed Yo reveal any adverse secondary effects related to any of the City's • MeLaughlin Con^ulti.ng Sexvices, Zne. Zndian Rocks Beach, Florida <� � � ;� >:: � w^ City of St. Pau1 Adult IIse Zoning Regulations - "Bookstore Defiaition" Preliminary Planning Review Adult Bookstores. C 26 Janua±y 8, 1996 � Therefore, the City of St. Paul had no reason to believe, base@ on either other local government "studies" or on their own experiences, that Adult Bookstore cause adverse secondary effecu. Furrher, in the analysis of the Ordinances, no mention was made of the allebed benefiu of the Ordinances, mitioatina the alleged adverse secondary effecu of Aduit Bookstores. Further, there is evidence that the City contracted for a study which was to prove that Adult Bookstores cause adverse secondary effects, but no such study appears to have been completed. Because the City of St. Paul had no reason to believe that fi needed Aduit Use Zoning Regulations to combat the alleged adverse secondary effects of Adult Uses, or to amend the definition of Adult Bookstore in its regulations, the Aduit Use Zoning Reaulations are factualiy arbitrary and capricious on their face, and bear no rational relationship to the legitimate exercise of the City's police powers, and do not advance a substanuaI government interest. • McLaughlin Consulting Senrices, Inc. Sadian Rocks Beach, Florida • Y City o£ St. Paul � Adu1t Use Zoaing Regulations - "3ookstore Definitioa" Preliminary Plan,ing Review 1�.2 As Appiied: • C 2� n � E' - January 8, 1996 With respect to the application of the City of St. Paul Adult Use Zoning Regulations to the site of Music & More, they are equally arbitrary and capricious_ Music & More is zoned B-2, a relatively intensive commercial Zoning District, which specifically permits bookstores, including Music & More as percnitted uses. Mus:c & More is also in the Commercial designation pursuant to the City's Comprehensive Plan. It is undisputed that Music & More is commercial in nature and is, except aliegedly for the amendment to the defuution of Adult Bookstore in the City's Adult Use Zoning Regulations, an entirely lawful land use. It is in an area of moderately intensive pubiic, retail and service commercial land uses, fronting on a major, arterial road, carrying a high volume of traffic. As set out in Chapter 13, above, there is no extraordinary demand for police services in the area of Music & More, at the comparabie Downtown Book in Rochester, or in the police reporting grid and study areas. In Rochester, other particular land uses, and o*.her study areas had significandy higher demands for police services than did Downtown Book and iu area, with no se�ally-related crimes reported. . McLaughlin Consulting Services, 2nc. Sn3ian Rocks 8each, F1or;�� `,� ¢ ^ 4.i � � t City o£ St. Pau1 Adult Use Zoning Regulations - "BOOkstore Definition" Preliminary Planning Review �� January 8, 1996 As further set out in Chapter 14, above, Music & More and the other Adult Bookstores in the City of St. Paut have had no adverse impacts on progerty vaIues in their areas. Accordinoly, considering both the location and impacts of the Music & More, the apglication of the City of St. Paul amended Aduit Use Zoning Regulations to Music & More is factually arbivary and capricious and not rationally related to the legitimate exercise of the City's police power, and does not advance a substantial government interest. s • McLaughlin Coasvlti.ag Sercices, iac_ Indi�z AQCfcs Beach, Florida • t �City o£ St_ Paul - Ej 1 • Adult Use Zoning Regulations - "Bookstore Definition^ nrelimiaa*_y Plar_ning Review D. StJMMARY AND CONCLUSIONS 16. SI7MMARY � (� ' January 8, 1946 Music & More is located on a major road, carrying inter-City, and local �affic. It is in an area of significant retail and service commercial uses. The area of Music & More is a focai point for new development and redevelopment. Minnesota law generally permits both the Comprehensive Planning process, and Zoning. However, there is an express prohibition in the Zoning Enabling I.egislation against treating sunilar land uses in a dissimilar fashion. (§ 462357(1), Minnesota Statutes Annotated). The Ciry's Comprehensive Plan identifies the area of Music & More as commerciai. Therefore, the commercial use of Music & More as a commercial Adutt Use is consistent with the City of St. Paul Comprehensive PZan, and, aside from the content of the business, is entirely consistent with the Comprehensive Plan. • McLaughlia Coasaltiag Services, Sac. Sndian Rocks Beach, Florida Q�i�� -City of St_ Paul - Adult Use Zoning Regulations - "BOOkstore De£inition" Preliminary P.Ianning R>view I� � .. January 8, 1996 � The Ciry's Zoning Ordinance clearly indicates the appropriateness of the e�sting B-2 Zoning District for Music & More, with the B-2 Zoning District specifically permitting bookstores such as Music & More. The Adult Use Zonino Regulations and the amendment to the definition of Adu2t Bookstore were adopted without aay consideration of any meaningfui evidence of adverse secondary effects related to Aduit Uses, and there is no evidence before the City to show that there such effecu, either elsewhere or in the City, and especially with respect to Adult Bookstore with no on-premises consumption. Accordingly, there is no evidence before the Ciry that shows that the Adult Use Zoning Reguladons, and especiatly the amendment to the definiuon of Adult Bookstore advance a substantial govemmental interest. The Adult Use Zoning Regulations defrne Adult Uses, and permit these uses in certain Zoning Districts, subject to various segregation requirements between Adult Uses and between Adult Use and Residential Zoning Districts and community uses. There is no evidence of any adverse secondary effects at or around other Adult Uses studied by the Consultant in terms of demands for police services or declining properry values. • McLaughlin Coasu2ting Sexvices, inc_ Indiaa Rocks Beach, Florida • t . � � � �: W.b 5 �: City of St_ Paul_ • Adult IIse Zoning Regulations - "Bookstore Definition" , ?rel±mina±y Pl�*xning Rev?ew 21. I . CONCLUSIONS D3 �anuary 8, 1996 Both faciaily, and as applied to Music & More, the Ciry of St_ Paul Adult Use Zoning Regulations, especiaily as amended by the new definition of Adult Bookstote, are clearly arbitrary and capricious and not rationally related to the legitimate e;:ercise of the police power. There is no evidence of adverse secondary effecu associated with similar Adult Uses, and the City Council had no reason to believe that such effecu might exist at the time they adopted the regularions. Further, the City had several opportunities to document the alleged adverse secondary effecu of Aduft Bookstore - the three "Green Sheets" supporting the various Ordinances, and the intended study which was to set out to document the alleged effects of these businesses. In additior., the City Council specifically stated that the type of store at issue is a new type, not previously studied by the Ciry, and the Ciry specifically identified the need for axr adverse secondary effects study, which study was not carried out. Thus, the City's amended Adult Use Zoning Regulations clearly do not advance a substantial governmental interest. • Mciaughlia Consulting Sexvices. IIIC_ Tnr�ian Rocks Seach. Florida �� - City of St. Paul _ D 4 January 8, 1996 Adult Use Zoning Regulations - "BOOkstore Defiaition" Prelimina±y Planning Review Because the City of St. Paul had no reason to believe that it needed Adult Use Zoning ReguIations, or the amendment to the definition of AduIt Bookstores, to combat the aIIeged adverse secondary effecu of Adult Uses, the Adult Use Zoning ReguIations, and especially the amendment to tr.e definition of Adult Bookstores, are arbitrary aud capricious oa theirface, and bear no rational relationship to the legitimate exercise of the City's police powers. Thus, again, the City's Adult Use Zoning Regulations do not advance a substantial governmentai interest. Accordingly, considering both the location and impacts of Music & More, the application of the City of St. Paui Adult Use Zoning Regulations to ihis busiaess and site is arbitrary and capricious and not rationally related to the legitimate exercise of the City's police power, and ihey do not advance a substantial governmental interest. Therefore, there is no rationai basis for the City of St_ Paul Adult Use Zoning Regulatiors: � • McLaughlin c'�**�+��ting Services, Inc_ Zndiaa Rocks Seach, Florida • • EDIICATION: �1 � <, � F^o , ° �= F R. BRUCE McLAUGHLIN, B_A., M.Sc. (P1), AICP PROJECT MANAGEMENT/LAND PLANNING LAND DEVELOPMENT/LOCAL GOVERND^NT CONSIILT_ANT Master of Science University of Toronto Department of Urban & Regional Planning 1974 (Thesis - Intergovernmental Relations in the Planning Process) Bachelor of Arts (Aonors) Political Science — (Thesis - American Constitutional Law) York University 1972 High School Graduate IIpper Canada College 1968 M}:MBERSHIPS: American Institute of Certified Planners (1979) Canadian Institute of Planners (Eligible) CAREER HISTORY: • 1983 - Present: Principal, McLaughlin Consulting Services Ync. Operates own business with a variety of private and public sector projects. Projects include Land Use, Market and Financial Feasibility Stuciies, Position Statements, Planning Reviews, Transportation Analyses, Pnlicy and Regulatory Documents, Apnlications and Approvals and Urban Besign. Also provides.paralegal services for licensed attorneys involved in land use or local government work. 1985 - 1989: Zoaang Hearing Master, Hillsbosough County Floridao Served first as Alternate, and then fu11-time Zoning Hearing Master for Hillsborough County, reviewing staff reports, development proposals and evidence with respect to rezoning applications, conditional use applications and alcoholic beverage reguests. Presided over hearings, establishing rules of procedure, admissibility of evidence, points of law and related matters. Made recommendations to Board of County Commissioners, with respect to planning merits, legal ramifications, findings of fact, and conformity with the Comprehensive, • P1an_ :� �- � � � � �� . s CAREER H=STORY (cont.): 1974 - 1983: Proctor & Redfern Group, Toronto, Ontario, Tampa, Florida Responsible for 17 projects with a fee value of $a50,000. Managing budgets, timetables, client contacts and staif. Directed planning, research and fulfiilment of land development and local government projects. Responsible for presentations to clients and the public. Presented expert evidence before administrative tribunals. Planning advisor to several mid-sized urban municipalities. In Tampa, Project Manager for all planning projects and engineering projects. Business development effort to the firm, i�cluding direct contacts and responding to requests for proposals_ Corporatior, Administration, including contractual obligations, personnel, client liaison and general administrative procedures_ Professional planning including design, document preparation and permitting_ Summers of 1971. 1972. 1973: Totten, Sims, Hubicki, Associates, Ltd., WillowdaZe, Ontario_ Responsibilities various data and management . included general research, collection and analysis of the preparation of reports for the use of clients and � � • Other Positions: Summer Studeat - Interna� Audit and Accounting Departments, Fi.berglas Canada, Ltd. O£ficial - Toronto Football Officials Association. Re£eree - Various school and community hockey leagues. "BOy Friday° - Political campaigns, Toronto, Ontario area. AcceDted as an E�ert Witness: IInited States District Court, Middle District of Florida, Tampa, Fort Myers, Ocala and Jacksonville Divisions; United States Bankruptcy Court, Midd2e District of Florida, Tampa Division; Circuit Courts, Pinellas, FIillsborough, Sarasota, Alachua, Broward and Leon Counties, Florida; Superior Court, County o€ King, Washington; County Court, Aillsborough County; fIearing Examiner, Snohomish County, Washington; Various Code Enforcement Boards; Pine�as County Progerty Appraisal Adjustment.Board; Ontario Muaicipa2 Board_ • � � L .` M $IIbIIiARY OF EXPERSENCE: i An e�perienced, analytical land p1a*iner and market analyst, highly skilled in lanc3 use, market feasibility and transportation studies, rezoning and urDan design, land development, p1a:L*zing and management, and local goJernment aftairs. As Chief Executive Oiiicer involved in co* administration, client presentations, and actir_g as liaison between clients and approving agencies_ Offering services to the clevelopment, property management and resource industries. EXPER2ENCE AND EXPERTSSE SNCLIIDE: Urban Plannina• - Development Planning. -. Planning Feasibility Studies; Planning Reviews and Position Statements. - Market Feasibility Studies. - Financial Feasibility Studies. - Economic Impac� Statements. - Transportation Analyses. - Public Presentation/Hearings. - Preparation of Policy Documents and Regulations. • = Community Improvement Plans. Shopping Center and Other Retail Studies. - Industrial Development Studies. - Housing and Land Needs Studies. - So1id Waste and Resource Recovery Studies. - Airport Studies. - Expert Witness Services. . - Paralegal Services. Proiect Manaaement: - Managed a portfolio of seventeen projects with a value of $450,000 in planning services. - Business development work bringing in two of the companies top ten 1980 projects, plus a number of other new projects. - Supervising junior and technical staff working on a variety of projects. - Project management, including client contracts, preparation and administration of contracts, monitoring the MIS and invoicing. - Management of planning, land development and construetion contracts from the original • contact tYiraugh to aggroval and constsuction. A P ° y y ' : s_ `— �4d. � g.. � . AccomDlishments: - Urban design for retail and office commercial developments. - Residential design for low an@ medium density projects. - Industrial park design for sma11 and large projects. - Feasibility studies and pre-design reports_ - Acquisition and monitoring of Iand development and construction permits. - Preparation of and application for rezonings and comprehensive plan amendments. - Industrial park location and feasibility studies_ - Negotiations with contractors and approving agencies; construction management. - Land Use studies for various special uses. - Site location and selection. - Safety plan for airport construction project. - Preparation of zoning ordinances and related reports. - Specialized studies and e�cperience in landfill projects, hazardons waste projects, and airport projects. - Improvements in corporate administration and business development. - Major feasibility studies for urban development projects. - Business development success and improvement of the company's image. - First formalized contracts with clients for on- going advisory services. - Developed new method of preparing for hearings and trials. - Special studies for land needs, housing, retail, office and industrial developments. PERSONAL: Born October 15, 1949 References Avaiiable on Request SMCLl�/PA./aaMrtF'c1, Bugust 15, 1994 � • C � . li„ � �� 1 � 5t. Passl 1978 Smdy Analysis 1 January 6, 1996 Appendix B-1 ST. PAUL, 1478 This study was carried out over the period of more than one year, and was assisted by the Minnesota Crime Control Planning Board. The study measured crime rates and housing values. ' The aduit entertainment establishments considered were: "any alcohol-serving establishment"; Adult Bookstores; . • adult movie theaters; and saunas/massage parlors. 2 For the most part, the alcoholic beverage establishments offered no First Amendment protected speech, and the saunas/massage pazlors, (which were often fronu for prostitution,) likewise offered no First Amendment protected expression. Notsvithstanding iu range of subject land uses and methodological flaws, the study found: i Division of Planning, Department of Planning and Economic Development, Ciry of St. Paul, Effects on Surrounding Area of Adu(t Enlenainmera Businesses in St. Paul, St. Paul, MN, June, 1978. 2 Ibid. McI.angfilut Coasatmzg Services, fnc. Indian Rocks �each. Florida „�, � yy �, � � o�` -� St. Paul 1918 Study Anafysis F� Ianuary 6,1996 ._. ihe results of the staustical tests indicate that there is a threshold effect associated wiih adult entercainment businesses. This means that one or even two adult enter[ainment businesses in an area might not be associated with noticeable change.” 3 and that its results were not applicable to downtown St. Paul because that area "is not a rypical neighborhood". 4 However, the study did fmd that two or more of the adult entertainment establistunents w�ich it surveyed did cause the problems allegedly associated with Adult L3ses. Further, the study reports that its design did not permit proving a cause and effect relationship l,'�:VJL'?II 2L'ytt E:i:P_ ainment �8t2}'�:St'S..^?L+S 2P.� BC2g}'b^Z}:CC� d�IC_^.O*2L'OII. �S� S3L1Sr1C3Z correlaions simply provided "circumstantial evidence" of the relationship. 5 � • The siudy fiut�er describes the land uses which it considers: "... the term ' adult entertainment establishments (or businesses)' should be fully understood. This term includes all businesses in St. Paul possessing a liquor or 3.2 beer license during the smdy period (1970- 1976) as weIl as all sexually-oriented private clubs, adult bookstores, adult theaters and saunas/massage parlors I�own to have operated during the study period. "This point requires some further elaboration. While there are a large number of liquor and 3_2 beer licenses in St. Paul, there aze many fewer adult bookstores and movie theaters, saunas/massage parlors, and 3 Ibid. ° Ibid. $ ��-. P• �- McLaughiin Comultiug Services, Inc_ Indian Rocks Beach, Florida C� �.___ -. �� J St. Paul 1978 Study Analysis 3 January 6,1996 sexualiy oriented taverns and clubs in the ciry. Furthermore, sexuatly-oriented adult entertainment businesses often tend to locate near to [sicJ bars_ The effects of sexually-oriented businesses on [the] surrounding environment are lost in the overaIl impact which the group of adult entertainment establishments has. As a result, no s oQnificant correlations were obtained for the sexually-oriented adult entertainment businesses as a category by iuelf. Therefore, no eonclusions can be drawn from Yhis study spec'�ically addressing sexually oriented aduIt entertainment businesses. As will be seen in the next section, one of the recommendations is for further study in this regard. However, sucti a study probably would have to involve one or more additional municipalities in order to obrain a ?2rge ey�l:gh ^.��mbe* of se�aLy-o*iented bes�esses for statistically significant conclusions distinct from conclusions on adult entertainment businesses generally." [Emphasis Added] 6 � Thus, any effores to apply the alleged findings of the 1978 St. Paul study to sexually oriented businesses' are inappropriate and are refuted by the study iuelf. Because the 1978 St. Paul Study specifically states that no conclusions can be drawn from it with respect to sexually oriented (First Amendment protected,) businesses, ao further analysis is warranted. 6 �� ' As was done in the Aaomey General's Working Group on the Regutarion of Sexualiy Orienced Businesses, Report, St. Paul, Minnesota, June 6, 1989. • McL�aghiia Comut[mg Services, Inc. Indian Rocks Beach, Florida � �� '�� w � . �_., .. Appendix B-2 � i 2. � C� � � ST. PAUL 40ACRE STUDY 1 This Study was prepared in 1987 by the Division of Planning, Depamnent of Planning and Economic Development of the City of 3t. Paul. The Report was prepared in response to an initiative to make St. PauI's AduIt Use Zoning Regulations more restrictive. (Report Brief, Backb ound). The study was prepared in response to citizen concem, and to plug "loopholes" in the Adult Use Zoning Regulations. (1). The Study begins with a review of the Court decisions permitting the regulation of Adult Uses. This review is clearly oriented towards "supporting" Adult Use regulations, and identifying the methods by which these Ordinances can be legitimized. (3 - 5). The Study then defines iu scope, and reviews briefly the eltisting Adult Uses in St. Paul, the decline in the number of uses, and the methods employed for their regulation. ('7 - 14). The Study then ��mmaM�c tiu�ee Qther AduIt Use studies, (Phoenix, Fndi�apolis and � � • i 7 �',::� � � !c . 2 Los An;eles). (15 - 16). I have not reviewed the Phoenix Study, but you will fmd a review of she Indianapolis Study in the F.A.L_A. material, and a review of Los Angeles foliows in this Memorandum. The Study next reviews previous studies undertaken in the Twin Cities. Two couunents aze worth noting: With respect to the 1978 St. Paul Study, "none of its conclusions apply to sex-oriented aduit entertainment as a separate category". (E�. The review of the Minneapolis Study noted: "The association between sex-oriented businesses and lower . housing values disappeared, however, when other factors were taken into account. In addition, these businesses were quite suongly related to the percentage of vacant commercial properties, which is o8en used as a measure of a deciining commercial area. Fiowever, the study noted that these associations alone aze not evidence that a sex-oriented business locating in an area causes other businesses to leave or property values to decline. Altematively, these associations may indicate that sex-oriented businesses locate where property values have already fallen and demand for commercial space is weak enough to permit them to compete successfully for space." (18). • ., ` �r� � ��1 � .. � � 10. 3 The next section of the study deals with the issue of prostitution. The Study notes that many of the "Health Clubs" are the scenes of prosritution. (19). This problem is a policing probiem, not a Zoning issue. The Study then examines the "University-Dale" Neighborhood of St. Paul, and notes that this area has a high concen�ation of Adult Uses, "persistent problems with street prostitution", and declining economic and demographic indicators. The Study does not identify whether or not the problems of street prostitution eusted prior to the presence of the Adult Uses. (19). Further, the Siudy says "There is evidence" (Ibid.) of a causal relationship between AduIt Uses and crimes, but faiis to provide that evidence. The Study does correcdy note: "It is unclear to what extent clients of street prostitutes in ttris neighborhood are ihe same people as the patrons of-the adult businesses in the neighborhood. Apparendy, the two activities are often separate, but occur in the same neighborhood due to iu 'sex for sale' reputation. ..." (21). 11. The Study aLso comments on a pattern of undefined sexual hazassment in the area and "suspects" a connection between Adult Uses and this harassment. There is also a note aUout discarded pornography, which seems unusuat, as tise type af gornagraphy � � • } � 12. � • 13. 14. ! M % � described is usually too expensive to purchase and then discard. (21). The Study next reviews po2ice statistics for the I3niversity-Dale area, and while noting a significant increase in crime in part of the area, with a decline in the other par[, including a decline in street prostitution. (21 - 22). The decline in street prostitution was linked, in part, to an active neiahborhood association. However, this Study does not compare the reported increase in crimes to other areas of the Ciry as a whoIe; nor does it consider the economic decline of the area (p. 19), as a possible cause of the increase in crime. (23). The Study next deals with peopie's "perception" of the University-Dale neighborhood, (23 - 24), but aside from providang the age of the survey respondents, the Study is flawed because it reports no other characteristics of the respondenu, does not identify other possible bases for the respondent's concea about the azea, and does not identify tIie characteristics of the comparison intersections. Further, public comments are generally not su�cient competent, substantial evidence to document "adverse secondary effecu" of Aduit Uses. T'he Study then returns to the issue of prostituuon in "Health Clubs" and properly notes tliat this groblem is a police and Iicensing issue, rather than a Zoning issue. (25). gFowever, the 5nady asser[s, �xithout support for this premise, tbat street prostitution 15. �� 17 � '1'� � _ , � �F 5 around other Adult Uses is properly a Zoning issue. (Ibid.). The Study next {27 - 37) reviews three optional types of Zoning Regulations for Adult Uses: maintenance of the existing system and a varzation thereon, both of which aze "deconcentration" in nature; or a concentration/"combat zone" approach. These options are generally specific to the City of St. Paul, and are not allegedly supported by general planning grinciples, except as folfows: There is a reiteration of an alleged causai relationship between Aduit Uses and street prostitution. (29). As pointed out in q 10, above, this alleged relationship is not properly documented. The Study attempts to justify separation of Adult Uses from Residential Zoning Districts based on the survey of real estate professionals in the Indian¢polis Study. (31). As pointed out in the discussion of Indianapolis, that study, and particularly the real estate survey, is severely flawed and cannot serve as a predicate for any local govemment action_ In the "Evaluation" of this option, the Study notes that there are good reasons for confining Adult Uses to industrial areas: "First, aduit uses are similar to some industrial uses in that they bave a negative impact on the residential environment and are thus incompatihle with residemsat vses_" (31). However, the oaly basis for this i � C� � C J � S] � 21 22. bold assertion is the Study being analyzed fierein, which as noted in the precedin� paraaraphs, does not properly support this conclusion_ The same paragraph of the Study notes a second reason for confinino Adult Uses to industrial areas, in that few, if any, other areas of the City can meet the setback requirements. (31). The remainder of the Analysis part of the Study is a review of the Minneapolis Adult Use Zoning Regulations and an effort to apply those regulations to the City of St. Paul. (35 - 37). The "Conclusions and Recommendations" section of the St. Pau140Acre Study (39 - 42), generally dces not review the aileged basis for the Zoning Regulations, other than to acknowledge that "Fiealth Clubs" do not have the same effects on their areas; {39 - 40); and to refer to the "documentation" of "numerous studies" (41). The Study concludes with Proposed Amendments to the City of St. Paul Zoning Ordinance, (43 - 50: a list of existing Adult Uses (51); a review of public comment on this issue '(53 - 62), a Resolution of the City St. Paul Pianning Commission, and Crediu for the Study. L The pu�lic co�ent is not reviewed in this Analysis because it is • Se$eraYlF not the coiapeten.t, substaatial evidence, necessary to ctoamient alleged °adverse secondary effects°. � (� � � � � i � r 3: � V :°A 11A1//_\:�s/ Although the St. Paul 40 Acre Study is considerably more forthright than many of the local government studies in its acknowledgement of the questions about the "cause/effect" relationship of Adult Uses and "adverse secondary effects", is nonetheless, academicaily, professionatly and scientifically unsound. In particular, tfie Study is flawed in that: It relies heavily on the severely flawed real estate professionals survey reported in the Indianapolis Study; Ii does noi prove any of ihe causal relationships which it does allege; and It was cleazly written to justify more stringent Ad�ilt Use Zoning Regulations, and thus is inherently biased. Accordingly, the St. Pau140 Acre Study should not serve as the basis of any Adult Use Zoning Regulations. � • i � St. Paul 1988 Study Analysis Appendix B-3 ST. PAi7L, 1988 1 January 6, 1996 �, , _ - ._ i: This document is essentially an analysis of proposed amendmenu to the Ciry's proposed new Adult Use Zoning Regulations_ For the most part, it does not attempt to gresent new information on the alleged adverse secondary effecu of Adult Uses, but, instead, reiterates the 1987 work. However, the St. Pau11988 Supplement does refer to the 1987 study, stating: "In Saint Paul, a study done in 1978 examined both alcohol-related and sex-related businesses and concluded that significantIy higher crime rates aze associated with two such businesses in an area, and significantly lower properry values are associated with three such businesses in an azea (40 Acre Study, p. 17)." ' In fact, with respect to seJCUally oriented businesses, the 1978 study specifically stated: "Therefore, no conclusions can be drawn from this study speeifncalty addressing sexnally orienged adult entertainanent businesses." [Emphasis Added] 2 Therefore, it is obvious that the reliance in the 1988 Study on the 1978 Study is cleazly 1 Ibid.. n. 6. 2 Division of Planning, 1978 Smdy, op.cit., p. 3. • Mciaughlm Consutang Services, I�. Indian Rocks Beach, Florida ,-�� .„�, �, � L: -.. ,., St_ Paul 1988 Smdy Analysis 2 January 6,1996 misplaced. The 1988 Supplement also considers the issue of urban renewal. The Study states that there was a concentration of Adult Uses in the downtown area, and that the City acquired these properties, which "led to significant new development, including the World Trade Center and the expansion of the Saint Paul Center shoppin� complex."' What the stud� does not state is whether or not other businesses were acquired, what other problems might have existed in the area, and to what extent, if any, the Adult Uses contributed to the blight of the azea. In other words, the Study fails to answer the question posed in the Indianapolis and Minneapolis studies of whether the Adult Uses located in an area already in decline, or whether they aliegedly caused the perceived decline. The Study also considers what it calls: "multi-function" Adult Uses, i.e. uses with several functions such as the sale of bo�ks and video tapes, and live entertainment. The 5tudy states tUat residenu of the University/Iiale area perceive these multi-function uses "to be a greater lan� use problem" than two single function uses. 1Vo evidence is offered in support of this perception. 3 Ibid. P- 6. . � 1��gh�;n Consuttin� Sec*rices, I�.. - Indian Rocks Beach, Florida • r � � 1 '= St. Paul 1988 Srudy Anatysis 3 January 6, 1996 The percepuon iuelf, of course, has no evidentiary value_ For example, " The aileged impacts of the multi-function are a variety of impacts, more intense impacts, and a"Sex for 3ale" un2ge. 4 Again, there is no actual evidence of these alleged 'unpacts, and no empirical data in support of these assertions. The balance of this Study deals with land calculations, the decision to require a special condition use permit for Adult Uses, and a repetiticn of the prohibition against obscene works In summary, the St. Pau11988 Supptement provides littie new information on the alieged adverse secondary effecu of Adult Uses. The new information which is provided is either unsubstantiated, or based on perception rather than reality. Therefore, there is nothing in this work upon which a pradent planner or government official could reasonabiy believe or rely in order to formulate Adult Use regulations. ° Division of Planning, 1988, op.cit., p. 7. • McLaughlin Consultiug Services, Inc_ Indian Rocks Beach, Florida {� � - I,. � � Appendix B-4 1. i Times Square Business Improvement District: The Times Sguare Business Improvement District (BID,} is a statutorily authorized agency, the function of which is to unprove business in the Times Square area. Business improvement activities range from encouraging or undertaking redevelopment, to promotional activities, to provision of private security and sanitation services. Times Square, both historically and at piesent, has been, and is, the site of many Adult Uses, and a vibrant part of Fdew York City, appazently due in part to the presence of so many Adult Uses, and their positive impact in brinaing tourists and visitors to the azea. The area's proximity to the Theatre Dis�ict, and its history of hosting special evenu ' give ihe area an especially high profile. The BID has a history of being concemed with the Adult Uses within its jurisdiction. The extent to which this concem is based on actual adverse secondary effects of the area's Adult Uses, or on oiher considerations, has not been determined. However, there are indications that the concerns are significanfly more oriented towards the content of the Adult Uses, rather than to the alleged adverse secondary effects of such uses. I e_g_ the New Year's Eve festivities, mimero�u puades, @u. • ', A � • i R b � ,s, i, ' ., r � L_J � • 2 The problem of reviewing adverse secondary effects in the Times Square area is exacerbated by the presence and implementation of the 42nd Street Redevelopment project_ This Redevelopment project has acquired many buildings in the Times 3quare area, and the threat of future acquisitions has resulted in tfie phenomenon of "condemnation blight". The positive implications of implementation of the Redevelopment plan and the negative unplications of condemnation blight, serve to confuse any land use analysis of the area - an area which, because of iu uniqueness, is already problematic for Iand use analyses. Refereaces in early documents related to the Redevelopment Plan, note the presence of Aduit Uses in Times Square/the 42nd Street Redevelopment Area, but do not provide evidence of any alleged adverse secondary effects related to the uses. Further, as noted elsewhere in this Predicate Analysis, Aduit Uses often are used as interun tenants in buiidings awaiting redevelopment, and may settle in areas in transition. Thus, the efFects of the 42nd Street Redevelopment Pian are to further confuse land use analyses in the area, to eliminate Adult Use locations, but not to provide documented evidence of adverse secondary effects related to Adult Uses. 1.1 Insight Associates, 3une 14, i993: 2 ` Insight Associazes, Repon on Adulz Use Establishments irz the Times Square Business Improvemenr Dirtria and the E$'ect of the New York Ctry Corvici['s Proposed Neighborhood Protection Act, Times Square Business Fmprovement Dis¢ New York City, New York, Iune, 1993. This document, as provided to McLavgfitin Consulting {� �, �:. �" �; 3 i . i. l Introduction: The Report begins with an introduction noting that Insight Associates were retained to: ... create a map of the e�sting and projected adult uses and projected 3mpact of [the proposed Neighborhood Protection Act] within the BID." and then ciearly states the bias of the authors and of the BID: "This Report can also be viewed as another step in the TSBID's continuina efforts to express its intens� concern about the effects of porn shops and adult use estahlishmenu on the Ciry's prime entercainment and business district." ° 1.1.2 PrOposed LeoiSIation: The Repon next describes the proposed legislation. The legislation consists of two biIls amending the City's Nuisance Abatement Lzw and Administrative Code, and not the Zonina Resolution. The bills proposed to establish distance requirements between Adult Uses and Residential Zoning Districts, schools or houses of worship, and between different Adult Uses. At least one bill dealt only with book, video, and movie facilities; it is not ciear whether the other biil considered live adult entertainment. 5 The legislative progress of the bills is described as follows: Services, Inc., shows page number 1� on the cover, and is numbered consecutively through page 25. There is no indication as to the contenu of pp. 1- 14, or of their relevance, if any. 3 Ibid., P. 16. 1• i 5 Ibid., P- I7. r � � • .t < �rv'�� 4 "Although the bills have widespread support within the Councii, their proa ess has been siowed because of the sponsors' recognition that le�al precedent dictates that the restrictions be supported by a study tliat analyzes the secondary effects of adults uses on the surrounding community, and provides a basis for determin;ng that the local law provides for a reasonabie number of alternative areas in which these uses may legally operate. "The secondary effecu may include tfie connection between these businesses and incidence of crime, noise, sanitation problems and - decreased property values. Recent court opurion has held that such studies must be conducted in relation to legislation limiting the location of adult establishments. ..." 6 With the above statemenu, it is ciear that any studies conducted by New York City (or its component parts,) are going to be oriented towards riocumenting that Aduit Uses do cause adverse secondary effects, regardless of what facu might emerge. � 1.13 Tunes Square Adult Uses: The Repon then reviews e�cisting Adult Uses in tfie Times Square area, working from a list provided by the BID. The Report notes that some businesses on the list had ciosed, while others had opened. It further notes that there were 36 Adult Uses in the Times Square azea, down from 42 in 1991, but with three of the 36 having opened in the last year. ' The Report then discusses the impact of the proposed legislation on the existing Adult Uses in Times Square, noting that, while the method of ineasurement is unclear, many existing Adult Uses would be forced to close or relocate. $ With respect to the potentially lawfui area for 6 Ibid. • � Ibdd., P- L8_ $ Ibid., P. I9. �; �� ,-� _ � � .. . ,� s Adult Uses, the Repon notes: "The Ferm;tted area fcr adult uses withiri ��te BII3, and irruneuiateiy adjacent Yo it, would be confined to a narrow section, roughly encompassino parts of 43rd and 44th Streets, west of Seventh Avenue. and a stretch along Seventh Avenue, from appro�cimately 47th Street to 53rd S�eet. "In addifion, there would be a potential dispersal of video, book, and movie stores under the proposed provision requiring them to be at least 500 feet from each other. It should be understood that if tfie properties were available for rental, alI other live entertainment adult uses coutd be right nextto each other. "Thus the overaii effect of the proposed legislation can be seen as both removal of adult uses from a lazge part of the EID, and otentia concentration of the uses in smaller areas on is edges. rIowever, the existing low vacancy and hign renraIs in many of the areas in which adult uses couid Iocate wouId Iikely prohibit any significant expansion o: these uses for the foreseeable future." ' i In other words, this Repon is predicting that large areas of Times Square will be barred to � Adult Uses, but that Adult Uses will con�entrxte in other parts of Times Square or immediately adjacent areas. However, to the extent that there is any validity to any of the adverse secondary effects studies, that validity is found with respect to concentrations of Aduft Uses. Therefore, by ca 1}ina the concen�ation of Adult Uses, the proposed regulation wouid have potentially exacerbated the purported problems which it allegedly sought to cure. {There are severai techniques to the Zoning of Adult Uses - dispersal, (e.g_ "the Detroit model"); concentraten, (e.g. "the Boston Model"); and modifications of the first two methods. New York City is proposing a modified dispersal method - limiting the number of Zoning • Districts in which Adult Uses can establish, and requiring segregation from other uses, while, at the same time, reguiring separation between Adult Uses.) 9 g � . 1` . , ' ..� ;-,- !'a � � The Repon also notes that Adult Uses are permitted in certain manufacturing districu, and that in i�lixed TJse Zonina �is�rict, c�aages iu the pro�osed regulations may be required to separate Adult Ilses from residential buildin�s not in Residential Zoning Districu. ' 1.1.4 Argumenu: The Repon then summarizes argumenu for and against the legislation: "Based on the recent hearings and paneIs, as weII as discussions in the newspapers and community meetings, ..." " �, � "For the Legislation" are unsubstantiated statements that Adult Uses destabilize and blight neighborhoods and communities, cause increased crime and deterioration in the quality of life, lower property values, have unattractive storefronts, and create a"honky-tonk" atmosphere. The Repon further states that many proponents of the legislation are genuinely (according to the Report,) inTerested 'an neighborhood preservation, and not in censo:ship. ' Specific statements "For the L.egislation", include: ... There are some vocal proponents of the measure, however, who do condemn pornography and sex club activiry as such. "Various communities have testified with police statistics and anecdotes about the relationship between these establ;shments and their negative secondary effecu. The sponsors themselves now claun to welcome a formal study of these effects." " • � Ibid. 11 Ibid., P. 20. u d6id., P. 20. ts �� ` �:,,. > >'° � (�'� 5 d �9 �"1 ` �*tr � �w.� 7 Under the heading: "Against the L,eaislation", the Reporf notes that it is hard to distinguish �erwee� legiti� and illegiti�ate couczns on the issae of Adult Uses, a��d �at secondary effecu studies are necessary. ' Also "Against the Legislation", it is noted: "All secondary effecu must be documented and anecdotal evidence should not be considered evidence." [Emphasis Added] 15 and that mapping of altemative avenues of communication for the Adult Uses must be provided. The Repon also notes that some people prefer self-regulation of Adult Uses, and others prefer a concentration of Adult Uses to their dispersal. 16 Ia Ibid. Acmally, in Renton, suprq the Supreme Cour[ held that a local govemment need not acmally experience the adverse secondary effecu of Adult Uses before regulaang them. A condirion of the Renron decision is that the new local gocernment reasonably believe the experience of the eazlier local governmenu aze relevant to the new user. It is untes�d whether this holding in Renton applies only [o communiues without any e�sring Aduk Uses (as was the case in Renion,) or whether it can he applied when a local govemment has first hand ezperieoce with iu own Adult Tlses Renton also assumes the validity of the adverse secondazy effecu studies, validi.ry which is just now being challengedinthe Courts. � Ibi�. p- 21. f6 �� • (� __ _. � 1.1.5 I.egal Issues: The next section of the Repon idenafies the legal issues surrounding the rea lation of Adutt Uses, noting the requiremenu that such regulations be content-neutral, promote a substantial governmental interest, and provide adequate altemative avenues of communication for Adult Uses. The Repon also describes several regulatory techniques which it states have been upheld by the Courts. 17 The Report then concludes by noting the types of Adult Use Regulatio*_�s that were upheld in Detrbit, Chicago, Renton, Boston and Islip. '$ This Repon is a generally accurate overview of the locationai issues related to Adult Uses in the Times Square area, and of the issues related to regulating Adult Uses. Notwithstanding the apparent bias in tiie purpose oi the Report, it appeazs accurate witn respect to its impact analysis and with respect to ihe statement about the exclusion of anecdotal evidence. � 17 Ibid., p. 22. Actualty, the Report is in error when it states that speciai use approvals have been upheld by the Courts; they geuerally Lave noc: Smith v. County of Los Angeles, 24 Ca1.App. 4th 990; 29 CaI.RpQ. 680 (Cal.App. 2nd DCA I994); Dvnse v_ Cuy ofAnai:eim, 826 F.Supg. 336 (C.D. Cal. 1993). • Ig p7IlI.. �- � - �. � � . �. �� : a -: '�� G; 1.2.2 Insight Associates, April, 1994: 19 1.2.1 Summary and Introducuon: This Repon beains with an Executive Summary, 20 which is not reviewed in detail in this Predicate Analysis, as the entire empirical analysis of the Repon is reviewed in detail. The Introduction to the Repon then states: "After a dramatic decline in the number of adult use establishments in the Times Square area in the last eight years, Times Square, like other neighborhoods in the city, has experienced a sudden increase, especially along Eighth Avenue. This recent increase of aduIt businesses must be seen in the context of the current resurgence of Times Square as New York's pre�ier tourist, entertainment, and commercial center. Member organizations of tue Biil and other concerned ciiizens nave expressed particular concem about the impacu of a dense concentrauon of these businesses on the comsnercial life of the area. Thus, this study was commissioned by the Times Square Business Improvement District." Z ' The Repon then reviews the purpose and operations of the BD, its boundaries, iu budget and iu governing board. There is then a brief discussion of the legislation that was reviewed in the Insight Associates' 1993 Repon, and of that Repon (section 2.1, above). Referring back to earlier efforts, the 1994 Repon states: ... Legislation regulatino adult uses, in order to pass Constitutional muster and be upheld in the courts, must be backed by documented evidence of secondary effecu of such businesses and their concentration." � 19 Insight Associates, Repon on the Secondary Effects of the Concentrotion of Adulr Use Establishmeras in the Times Square Area, Times Square Business Improvement District, New York Ciry, New York, April, 1994. zo Ibid., PP� �' �- u IbirL, P. 1. � � � � • � � �� . . . � � • lo Since the BID has long made its feelings known with respect to the Adult Uses in Times Squa.*e (a.�d e1se�Nhere th:oughcnt the Cit�,; the abcve statemea: ;ud:cates quite cleazly that'1�e Repon is intended to find adverse secondary effecu of Adult Uses, even if such effecu are not substantiated by facts or empirical evidence. The Repon then reviews its initiation, the Sturly being undercaken concurrenfly by the Department of City Pianning, and the work of the Manhattan Borough President's Task Force. (Section 4, below.) Notwithstanding the clear orientation of the Report; identified above, it notes: "This study, then, seeks to obtain evidence and documentation on the secondary effects, if any, of these adult use businesses in the Times Square Business ImprovemenC District, and of their dense concentrations, especialiy along 42nd Street and along Eighth Avenue. The BID instructed Insight Associates to follow the models offered by other secondary effects studies. The BID was not seeking an advocacy document, but rather an objective fact- fmding study, that would add to the city-wide deliberations and to future attempts to find legal and effective ways to regulate these businesses." [Emphasis Added] � The above disclauner about a"fact-fmding" study is contradicted in the very same paragraph, which casts further doubt on this Repon_ First, since the Repon is designed to fmd "legal and effective ways to regulate" Adult Uses, it clearly pre-supposes that there is a need to regulate such uses, f.e., adverse secondary effects. Further, as documented in Chapter 4, below, the studies developed elsewhere do not, for the most part, employ academicaliy, professionally, or scientifically sound methodologies. Therefore, to the extent that this Report is "modelled" on the other studies, its validity is imm ediately called into question. 12_22 Legal Issues and Experience Eisewhere: � Ibid, g. 2 � �� . , , �, il Under the heading: "Summary of Legal Issues and the Experience Elsewhere", the Repon begins :;�ith a histcrical rev:ew o° tf�e regulat:on of Adult Uses, noting: "... This [issue] is reflected in a number of studies and public testimony showin� a relationship between adult use establisfimenu on the one hand, and declining properry values, crime and neighborhood deterioration on the other. It is these 'secondary effecu' which the Supreme Court and other federal and state courts take into account when ruling on the efforts of communities to regulate these businesses." 24 Agaia, the stndies eisewhere are, f�r the most part, severety flawed while, as noted in Urban Indicators ti anecdotai evidence (public testimony,) may not be substituted for empirical data. The Repon then reviews the legal tests for Adult Use Zoning Regulations - content-neu�al, desigaed to cure adverse secondary effects, advancing a substantial govemment interest, narrow:y drawn, and providing sufficient aiternative avenues of commu.-rication. 26 The Repon then discusses, (copied from the I993 Repon,) of the regulatory tools employed in Detroit, Chicaao, Renton, Boston and Islip, and then concludes this section with some generalizarions about the whether or not the of various reguIations could be sustained. Z ' 1.23 Other Secondary Effecu Studies: The next Chapter of the Repon is entided: "Other Secondary Effects Studies", which actually deals with both studies and Court decisions. 7urisdictions considered in this Chapter are Detroit; Mt. Ephraim, New 7ersey; Renton, Washington; Los Angeles; Minneapolis/St. Paul; Z4 Ibid., p. 3. u Smu�c, op.cir. � Ivsight Associates, 1994, op.dt., p_ 3. n dbid-, PP- 3- 4 - • � C� Y+ 4 . �# • ! `r- 12 a report by rhe Minnesota Attorney General; Indianapolis; Phoeniz; and Islip, New York. Z$ 9�T:thin these jurisdictions, no studies were conducted in Mt. Ephraim, or Renton_ The Mt. Ephraim Ordinance was invalidated, in part because there was no information to support the need for the reaulation. '� On the other hand, Renton was aliowed to rely on the experience of other jurisdictions, prior to having any Adult Uses within iu City Limits. The studies from other jurisdictions are reviewed in Chapter 4, below. The Report does properly aclmowledge 30 that the Los Angeles Study 31 found no direct relationshig between Adult Uses and decluung property values, but then relied on questionnaires. However, Urban Indicators 32 states very clearly that surveys should not be used as a substitute for more objeciive uuormation. riowever, tnat is preciseiy what the %os AngeZes Study does - the more objective information did not support the political mandate behind undertaking the Study, so the results of questionnaires were substituted for the objective data. Sunilarly, ihe Minneapolis Study has been denignted and rejected by its authos as a demonstration of adverse secondary effects of Adult Uses, 33 , while the I978 St. Paul Study focussed almost entirely on alcoholic beverage establishments, and not on establishments offering speech protected by the First Amendment to the Constitution of the United States. The issues in these studies, and in the Minnesota Attomey General's Repon, which relies heavily on the Minneapolis and St. Paul works, are discussed in detail in Chapter 4, below, 2a Ibid., PP- 5- 7. 29 Insight Associates, 1994, op.cit., p. 5. 30 njid. 31 I,os Angeles, Depamnent of City Planning, op.cit. sZ Sn�—' - .x oP-cit-, P- 10. � Interview, Randatl I1. B. T'sgve, Esq_ A�rney at Law, Min�rnlis, IvIId, Iuly 27, 8445. E� `: � . . 23 along with detailed discussions of the Indianapolis Study and the Phoenix Study. Missing from ihe Report's review of the Indianapolis Study is the fmding therein that: "The anomalies demonstrated in the comparison of the Study Area with the general population and the Con�ol Area will not, in themselves, establish a causaI relationship between Adult Entertainment Businesses and the crime rates in the immediate area snrrounding them." [Emphasis Added] Finally, while ihe Repon 35 accurately reviews the resulu of the Is1ip Repon, 36 it ignores the fact that the Islip Report dealt with entirely different "secondary effects", effects which are present in any commerciai development with the same site development characteristics. See section 4.2, below. 1.2.4 Adult Uses in Times Square: The next Chap:er of th� Repon deals with the history of A�ult Uses in the Times Square area, the Repon notes: "Times Square has long been l�own as a place for popular amusements from movies and theatre to flea circuses and video arcades. It has always attracted people of aIl incomes and tastes. But its history as a piace of concentrated sex-related bus=_nesses realiy begins in the late 1960s and 1970s. "The concentration of massage parlors, nude live entertainmenu, erotic bookstores, X-rated movies and peep shows increased at that time to such an extent that Tunes Square began to be cailed a'sinkhole'. (T'he Daily News, August 14, 1975.) � Indianapolis Division of Planning, op.cit., p. 18. 3s Insight Associatu, 1994, op.cit., p. 7. � Depaament of Pianning And Devetopment, Town of dslip, Szudy and Recommendauons forAdult Emenmrm�art Busnessec in the Town of Islip, Isfip, N.Y., September, 1980. � 1� � � �� J 14 "The resulting crimes, assaulu, and other violence made Times Square the highest crime area in the city. The numbers of sex-related businesses in Tunes Square and its environs reached as high, by some estimates, as 140 in the late 1970s and early 1980s. "In the 1970s the commercial and residential communities united to combat this blight by staging demonstrations and rallies, by sponsoring legislation, and perhaps most important, by organizing themselves into the Mayor's Midtown Citizens' Committee, and in helping to create the O�ce of Midtown Enforcement. "The negative image of Times Square created by increasing concentrations of adult entertainment uses, coupled with pessimistic economic indicators, ail conuibuted to a sense of decline on 42nd Street and the surrounding blocks." 37 � While the above statemenu are presumably true about crime rates and decline, their attribution of these problems to Adult Uses is unsubstantiated. As noted in the Indianapolis Study, 38 it is unclear whether Aduit Uses cause decline or settte in areas already in decline. The Report further fails to identify other problematic land uses that might have been found in the Tunes Square area. Finally, the Report fails to correlate the decline in the area with the 42nd Sffeet Itedevelopment Project. The Repon notes 39 that the Redevelopment project also began in the "eazly 1980s". Further investigation is require� to determine if the proliferation of Adult Uses in the Times Square area was the result of "condemnation blight" (see page 3-44, above,) resulting from the proposed redevelopment of the area. The literature of the topic of Adult Uses, including the New York City material discussed herein, is replete with references to Adult Uses filling store fronts that are akeady in decline, often as a result of condemnation 37 Insight Associates, 1994, op.cit., p. 9. � 38 Indianapolis Division of Plann;nQ, op.cit.. p. iii. 39 �ight ASSOCi2t2S, 2494, op.cit., p. 9. Si �,. . . ....: � �R' blight. 15 Thus, this historical review, assuming its accuracy, does not establish any causal relationship between Adult Uses and the deterioration of the Times Squaze area. The Repon's fiistorical review also commenu briefly on rhe proposed 1977 Adult Use Zoning Regulations, 40 the increased police activities and changing social mores in the 1480s, and some of the results of lnsight Associates' 1993 Report. `i ihe historical analysis Chapter of the Repon concludes with the following statement: "Admist [sic] the refurbishing, upgrading and 'unprovement of a once sorely deteriorated Times Square, there is now new concem aboet the recent sudden proliferation (of Adult Uses]. ` Again, this Chaptez, and particularly its conclusion, continue to show the orientation and bias of the Repon, and 'au objective of establishing a need for Adult Use Zoning Regulations. 1.2.5 Approach and Methodology: The next Chapter of the Repon then describes its "Approach and Methodology", describing the area studied and stating ihat it concentrates more ciosely on azeas with concentrations of Adult Uses. The Repon again notes that it follows secondary effects studies in other cities. 43 40 dnsight Associates, 1994, op.cit., p. 9. al Ibid., pp. 9- 10. To the extent that the*e were concerns with "massage pazlors" which were really fronu for prostitution, these issues relate to Iaw enforcement and criminai law enforcement, not to zoning and land use. Further, there is clear evidence in the New York Ciry literature, primarity the Office of the Manhattan Borough Presideut, that law enforcement efforts in this azea were successful. �' Ibid., p. 1Q. x1 � � a3 Ibid.. P- 11. � c� � � � 16 ��m��, With respect to property values, the Repon relies on reported assessed property valuations, and compares the years 1985/86 to 1993/94. The Repon identifies its smdy and control areas for the property value analysis, with the study areas being: Eighth Avenue from 45th Street to 48th Street; and 42nd Sueet_between Seventh Avenue and Ei�hth Avenue; and the control areas being: Ninth Avenue from 45th Street to 48th Street; and 42nd Street between Eighth and Ninth Avenues. " The Report does not compare land uses, resident population or non-resident populations in the study an3 control areas, and does not identify other, potentially problematic land uses that may be found in the study azeas. Further, the Repon's comparison of Eighth Avenue to Ninth Avenue, is inappropriate because the land uses on those roads aze entirely different in character. Eighth Avenue is an area of communiry and regional commercial land uses, serving the City and region, whereas Ninth Avenue is much more residential in nature, with its commercial � uses being neighborhood-serving in nature. Further, the Eightta Avenue study area fs in the C6 Commercial Zoning District, �vhile the Ninth Avenue control area is in fhe R-8 Resideaatial Zoning District. See pages 3-65 - 3-67, below, for a detailed description of the land uses in the two areas. Therefore, without consideration of demographics, simply from the land use and Zoning perspectives, the Report does not make a valid comparison between these study and controi areas. Dealing with the 42nd Street comparisons, again there is an invalid comparison. The study " m�a. ��_��`� 1.2.6 The Tunes Square Area: Q� The next Chapter of the Repon describes the Times Square area, noting: "The Times Square and Clinton communiues, which the Business Improvement District encompasses or abuu, are dynamic and diverse neigfiborhoods. The area is home to some of the city's major corporations and there are more than 30 miliion square feet of office space. The BID has more than four hundred property owners, representing five thousand businesses in its membership. More than 250,000 employees work at enterprises that range from giant recording companies to intemational secciriry frms to one-person theatricaI agencies. ... And of course, Times Square contains the highest concentration of legitimate theatres anywhere in the world, thirry-seven theatres wi�h as many as 25,000 seau to be filied on each performance day. "Times Square has a da:ly pedestrian count of 1.5 million persons. There are approximately twenty hoteIs, with 12,500 hotel rooms, in the Times Square area, one-fifth of all hotel rooms in Manhattan. Twenty million tourists and five million ovemight visitors arrive annually. There are more than two hundred restaurants in the Times Square area. It is indeed New York City's center for commerce and the performing arts, business and tourism. "But the area is also a home for thousands of residenu who live adjacent to and in the midst of this vnbrant midtown commercial core. The area is reglete with churches, block associations, civic associations, business organizations and theatre related organizations. The Times Square BID knows — and works with — some 35 social service agencies in the greater Times Square area. "It aiso has the largest concentration oF pomography estabiishments in the city. The num�er of such businesses reached a high of about I40 establishments in the 1970s and eariy 1980s, and declined thereafter to approximately forty. There is some indication that the number has increased somewhat in the Tunes Square area and on its periphery, particularly on Eighth Avenue, in the past months." (Emphasis Added] so � IasighcAssociaces, 1494, op.cit., P. 15. n 1 J u � • a , s � � 20 �� ,� There are two key facts contained in the above description. First, the Tunes Square area, notwithstanding the concentration of Aduit Uses therein, is described as "dynamic" and as being a"vibrant midtown commercial area". 51 If the Adult Uses in Tunes Square were truly increasing crime rates, lowering property values, causing blight and lowering the quality of life in the area, those descriptions would be woefully inappropriate. Therefore, by the Report's own description of the area, the "adverse secondary effecu", if any, of the Adult Uses in Times Squaze are not having an overall effect on the area. The second key factor in the narrative description of the Times Square area, are the data related to non-resident populations. The Report notes the presence of 250,000 employees, daily pedestrian counu ef 1.5 million, 25,000 theater seats, and 12,500 hotei rooms. 5 '- Given this extremely intensive non-resident population, any comparison of study and conuol blocks, to determine property values and crime rates, must also consider non-resident populations, in order. to achieve a valid comparison. The Repon next reviews demographic information for what it calls the "Times Square Neighborhood", which is larger (by about 20,000 population,) than the Times Square BID area. 53 The demographic information was gathered based on the five census tracu that are found whoily or partly within Times Square, and aggregating the data therefrom because the 20,000 residenu outside the boundaries of the BID: "... aze, in fact, part of the Times Square community and view themsel��es as being part affected by the adult use establishments (those along Eighth Avenue in particular). �` • si Ibid. SZ Ibid., p. 15. ss Ibid., P. 26. � Ibid., p. 16. � � � �, _ �.� �, � '.:i �" 21 However, census data, including the parameters considered in the Repon, are available on a block basis. By using block, rather than tract data, far more pertinent data could have been incIuded in the Repon. The Repon then describes some of the area's employment characteristics, noting: "TraditionalIy, a large percentage of Clinton residenu have worked in the Tunes Square area, particularly, in the theater and music industries as te�hnicians, actors and performers. This is bome out by the census data, which show a very high percentage of residents working within less than half an hour of their homes and walking ta work. The percentage of workers in the Times Square Neiohborhood who walk to work is higher than the percentage for the borough as a whole and is much higher than the percentage of those uz the other four boroughs." ss The Repon then discusses the extent of the area's work force, and provides additional comgarisons of proximity of homes to work. The fact that so many of the Times Square Neighborhood residents wa2k to (and from,} work, is further proof that there is not sufficient crune in the area to be a deterrent to pedestrian travel. The Report then reviews the Zoning and land uses of the Times Square Neighborhood, noting: "The Times Square neighborhood is zoned for Generai Central Commercial uses, reflecting the importance of Times Square as a central core for the Ciry and region. These C6 zones vary: whiie Broadway, Sixth and Seventh Avenues are zoned C6-6 (15 FAR), the midblocks and Eighth Avenue are zoned C6-5 or C6-4, for a lower FAR of 10. Uses in C6 districts typicalty include all residential uses as welI as commercial and wholesale uses. "To the west of Eighth Avenue the predominant zoning is R8, with a Cl-5 overlay along 9 Avenue [sic] for our control blocks. R8 pemuts general residential uses of a 4.8 - 6.0 FAR. C1-5 commercial districts permit local neighborhood commercial uses at an FAR of 2.0." sb � Ibid., P. 19_ s5 �, P- 21. � 0 • �� =° �.. . , ,_, • 22 The above description clearly establishes the inappropriateness of the Ninth Avenue control block, with the comparison from General Central commercial with an FAR of 10.0 to a Residential area with a Neighborhood Commerciai overlay with an FAR of 2.0. The Repon furrher describes the Special Districts encompassing the Tunes Square area, notin� that Eighth Avenue is the dividing line between two Special Districts, thereby casting furcher doubt on the validity of the Ninth Avenue control block. The dichotomy between the Eighth and Ninth Avenue comparisons becomes e�en more apparent in the Report's discussion of ihe area's Special Districts, which are divided by the middle of Eighth Avenue. �' The situation is described 'an the Repon: "Eighth Avenue can thus be viewed as the transition between two special districu: one encouraging commerciai development and the other attempting to preserve a low-scale residential community. That duality is reflected in the opinions of residents and businesses about the status and future of the Eighth Avenue strip. � • "There are those who view Eighth Avenue as a development corridor, which began to be such with the buIlding of Worldwide Plaza but which remains under-built, with a number o: vacant buildings and parking lots. There are others who see the azea as one that can and should continue to serve the economic development needs of the theatre and entertainment industries as well as other related needs of the city_ Still others think it can and should be enhanced as a residential avenue. Whatever their perspective, £ew see the concentration of adult use establishments as being beneficial to efther the preservation or the development of the area." [Emphasis in Original] 58 While trends for Eighth Avenue may stiii be subject to debate, its differences from Ninth Avenue are cleariy established, and the inappropriateness of the Ninth Avenue conuol block is thus highlighted, as noted in the ReporPs discussion of the Special Clinton Disuict, direcdy ta the West of the Midtown Special District and of Times Square: � ss �id. i � 23 "The;Special Clinton District contains provisions regarding demolition of resici'ential buiidings and relocation of tenants that are stringent and designed to preserve the neighborhood's residential character. "Our Ninth Avenue control block faiis not within the Perimeter Area, but rather in the more restrictive Preservation Area; the one exception is the biock on which Worldwide Plaza is located, which is excluded from the Speciai District. VJithin the Preservation Area, mere are aiso tough provisions in regard to demolition and relocation of residents." s9 The Repon describes the land uses in the control and study blocks as follows: "42nd Street Study Block Land Uses "The present land uses along 42nd Street reflect the general commercial nature of the biock. The north side of 42nd Street between Seventh and Eighth Avenues has a significant number of now vacant theaters, awaiting redevelopment through the 42nd Street bevelopment Project. In addition there are clothing, sporting goods, tobacco, and camera stores, as well as delicatessens and a fast food establishment on the comer at Eighth Avenue. As one approaches the northeastern comer of the intersection at Eighth Avenue, one can see a concentration of adult use estabiishmenu on the still privately owned portion of that block. (T'he State will soon begin condemaation of these buildings.) "Along the south side of the 42nd Street Smdy block there are also a number of now-vacant retail establishments and theaters, as well as the Candler office building. Retail establishments that are open along the south side ofthe Study block include electronics, novelties, sporting goods and shoe stores, as well as the one First-run movie theater. "There are approxunately s'vc adult use establishments on the north side of the 42nd Street Study Block, and nine adult use establishments on the south side for a total of 14. [sic] (Some of these stores are divided with more than one entrance and level). [sic] "42nd Street Control Block "The land uses along the north side of the 42nd Street Control Block between Eighth and Ninth Avenues include the following uses: a baz, two parking lots, a church and its rectory, office supply and gift stores, � ��-> P- 22. i ,� • ��.fk�t'� • 24 a deli, an entry to an apamnent house, and the enuance to an adult use esTablishment whose main entrance is on Eighth Avenue. "The south side of the control block is most notable for the Port Authority Bus Terminal, which takes up approximately two-thirds of the blocldront. Additional uses to the west of the Bus Terminal include: a pizzeria, a parking lot,"a hotel entry, an appliance servicing estabiishment, offices and the US Post O�ce's Times Square Station." [Emphasis Added] fi0 � The disparity between the subject and conuol blocks is thus very evident, along with the invalidity of the resuiting comparison. (It is acknowledged that the subject block would be an appropriate study area, except for the fact that the New York State condemnation activities make a valid comparison impossible. Therefore, the Report should have considered blocks with concentrations of Adult Uses that were not subject to condemnation activities.) Further, the Repon does not describe the land uses on the criminal activities control block, (42nd Street between Ninth and Tenth Avenues,) although it has no adult use establishments, and smailer scale land uses, and thus would be a better comparison, although there are no completely appropriate comparisons. Describing the Nortta/South control and study blocks, the Repon states: "Eighth Avenue Study Block "'The Eighth Avenue Study biockfront extends three blocks from 45th to 48th Streets. The mixture of uses is not reflective of the General Commercial Core aspect of the location. Instead, the uses are a mixture of local retail including novelty shops and souvenir stands, as well as delis, drugstores, and liquor stores, pazking lou, vacant properties, and restaurants and other eating and drinking establishments. There are some uses which serve rhe theaue industry to the east; for exampie, the • � Ibid., pp_ ZZ - 23. Note tfie aetwork �ws magazine programs have suggesced sigmfrcant illegal acrivities at some of the electtonics swres, illegal activives which have vicrims - the consumers who pischase the goods. �3�`� � hardware sf,ore between 47th and 48th Street. "The study blocks are flanked by the Miiford Plaza Hotel, between 44th and 45th Sueets, the Days Inn between 48th and 49th Streets, and Worldwide Plaza between 49th and SQth Streets. Along this strip of three biocks there are eight adult use establishments: six movie theaters and two video stores. "Ninth Avenue Control Block "The building stock on Ninth Avenue resembles that on the Eighth Avenue study block: predominantiy older, two to four-story huitdings, of[en with apartments above the retail places. The uses on Ninth Avenue are more reflective of the area's zoning for local retail uses, with food markets, barbers, locksmiths, fast foods, and florists for example. Also noteworthy aze the numerous restaurants along Ninth Avenue serving pri. locals. "There aze no adult use establishments afong Ninth Avenue, either in our three biock control blockfiront between 45th and 48th Sueeu, or foi the entire stretch from 42nd Street to SOth Street." 61 Again, the Repon iuelf shows the invalidity of the comparison between iu control and subject blocks, an invalidity which is, to an extent, inherent in the Times Square area because of both the unique nature of the overall area, and the unique nature of each component within the area. However, the comparisons used in the Repon simply are not sufficient to esrablish that the azea`s Adult Uses do cause adverse secondary effects. The Repon does not show compeiling, or even substantial, evidence of adverse secondary effects related to Adult Uses. Furcher, no qualified and reasonable planner would believe the anecdotal comments from the surveys prove the alleged adverse secondary effecu of Adult Uses, nor would a reasonable �nd qual�ed planner reasonably rely on these anecdotes in formulatina land use policy or reaulations, particularly in light of the findings of the empirical data. 67 15id_, pp. 23 - 24. � � • � ��_ � � � . ,� � �_� ��, ' , I � 1.2.7 Property Value Findings: 26 � The next Chapter of the Repon sets for[ri its findings reIated to the issue of property values. As stated above, while a comparative measurement is essential, there can never be a perfect comparison, because no two areas share the same location, and if the same location is compared over time, societal events are aiways going to be different over time. Nonetheless, close comparisons can usually be achieved, although because both Tunes Square and its component parts are unique, the best possible comparisons are much less close than would be the case elsewhere. However, also as stated above, better comparisons than those found in the Report could have been made. A further concem with this comparison is that while many Adult Uses open and close � and thus are short lived, the property value analysis was done by plotting the net gain in assessed vaiue between the 1985/86 assessmenu and the 1993/94 assessments, 63 a period of eight . years. Further, the Repon does noL analyze or indicate what chaages in the locations of Adult Uses Fnight have occurred over that period although Insight Associates' 1993 Report indicates that three of 36 Adult Uses opened in 1992/93, that it was estimated that there were 41 Adult Uses in the area in 1991, and that, based on a recent list provided by the BID, Insight Associates "found some stores that were not on the original list and discovered that some on the list appeazed to have closed their doors." � Therefore, there is a significant, unanswered question as to the presence or absence of Adult Uses in each block over the eight yeaz study period. Notwithstanding the concezns with the comparisons, following is a summary of the Repon's � Ibid., pp. 9- 10; Deparanent of Ciry Planning, op.cit., p. 27. • � Insight Associates, 1945, op_cdt. P. 25- � Insight Associates, 2943, op.cit., p. 18. � �� a� , - ; �� z� findings with respect to the percentage properry value changes between 1985 and 1993: �' Area 42nd Street Study Block (Impacted by the 42nd Street Redevelopment Project, and Condemnation Blight) New York City `� Increase .� 52 % 42nd Street Conuol Block 55 7(Although the difference between the study block and tne control is marginally significant from a statistical standpoint, the progression of these three values is not statistically significant.) Times Square BID Manhattan Eighth Ave. Study Block Ninth Avenue Control Block 60 % 61% 65% 91% Accordingly, the Eighth Avenue study area, in spite of being a study area, and of having land use characteristics significantiy inferior to the Ninth Avenue control block, increased in value at a greater rate than the City as a whole, the overall BID and the Borough of Manhattan. Properry values on 42nd Street were impacted by the Redevelopment project, and do not provide a mea. comparison. The absence of a meaningful comparison is confirmed later in �.he Repon, when Insight Associates indicate why a property by property analysis was not undertaken on 42nd Sueet: "A similar review of tax lou (properry by properry] was not conducted for the other area of concentration, t�e 42nd St. Control Biock [sic]. This was because it is feit that the many other trends and government actions along that strip, including public condemnation of the parcels and nuffierovs lawseuts, would further complicate the analysis, and 6s Insieht Associates. 1494, ap_ciz_. F- Z5. LJ � • �� r :`� � . • m would prove fruitless." [Emphasis Added] � If the analysis of the individual lots is "frsifless," then it is axiomatic that any analysis of the whole, comprising the individual Iots, is equaily fruitless. The Repon then reviews properry values on the basis of individual lou, noting: "The assessed values of the tax lou on the Eighth Avenue Control Blocks (sic] were analyzed in terms of proximity to the location of adult use establishment; the purpose of the exercise was to see if there any patterns regarding the location of estabIishmenu and the rates of change. "The fmdings are shown below. In most cases, the rate of changes for other lou on the blocks were less than those with adult use establishments. Note that the taC lou which have adult use estabiishments are indicated in bold type. "When there is a decline in the assessed value, and the Department of � Finance records indicate no change in the building class or size, we can assume that the properry owner had at some point filed for and been ��4 granted a reduction in the propeny's assessed value through a certiorari proceeding. "T'here may be many reasons for a property's assessed value to have changed at a rate different than those of the rest of the block, or the general azea. One cannot automatically assuane any one reasons, such as the proximity of adult use estabiishments. For example, the physical condition of the property may have deteriorated, or the property may be at a location undesirable from the point of view of potential retailers." [Emphasis Added] 67 The tables reviewing individual properties 68 show significant increases in the property values of buildings housing Adult Uses, which serves to confirm the theory that Adult Uses often � Ibid., p. 30. • � Ins'sght hssociacec, I494, op.dt.. P- 25. � Ibid., Table N, pp. 27 - 29. �' `; 05-40� � occupy buildin;s that are undervalued and which may not be attractive to non-adult businesses. `In some blocks, the Repon suggests that the Adult Use(s) may have had a negative impact on the values of adjacent properties or properties across the street. 69 In other cases, the Report indicates that there are no "stron�" or "readily defined" patterns. However, because the Repon does not indicate when the Aduit Uses were present on the various lots, it is impossibie to determine, over the eight year period of the analysis, what effect, if any, the Adult Uses in the area had on property value. The Repon sununarizes iu properry value analysis as follows: "While it may vrell be that the concentration of adult use establishments fias a generaliy depressive effect cn the adjoining properties, as a statistical matter we do not have sufficient data to prove or disprove this thesis. It may also be that sunply the preser�ce of adult use establishmenu is subjectively viewed by assessors as a factor that necessarily reduces the of an properry [sic]. In short, assumptions may influence assessments." [Emphasis Added]' Flowever, the assessments do not reflect lower values because of the presence of Adult Uses, so even the possibility t�`�at the presence of Adult Uses afFected the assessment process is unfounded. The Report, consistent with proper analyses elsewhere, found no proof that Adult Uses adversely affect property values. 1.2.8 Criminal Acuviry: The next Chapter of the Repon deais with reports of criminal activity. The Chapter begins with the statement that crime in the Times Square area has decreased 54% over the past five 69 �id., P. 27. � Ibid., PP- 28, 29. n Ibid_, P. 26. �� • r � ��-�:rr�. � years, noting: ��: "... This decrease parallels the decrease in adult use establishments, and although we cannot claim direct causality it is interesting to note that there is both the perception and the reality that Times Square is a safer place than it was years ago. ..." n However, eisewhere, the Report indicates that there has been an increase in the number of Adult Uses in the Tunes Square area in the past five years: ... There is some indication that the number [of Adult Uses) has increased somewhat in the Times Square area on iu periphery, particulazly on Eighth Avenue, in the past months. " 73 "... After a dramatic decline in the number of adult use establishments in the Times Square area in the last eight years, Tunes Square, like other neighborhoods in the city, has experienced a sudden increase, especially along Eighth Avenue. .. _ " 74 � The facts cannot be reconciled with the Repon's conclusion_ The Report states that police data for a substantial period of tune could not be obtained, and that the analysis is limited to a three month period in 1993. Data were obtained for the same study blocks as were used for the properry value analysis, and for the Ninth Avenue control block. 75 However, with respect to the 42nd Sireet controi block, the Report notes: "... it was felt that encompassing the Port Authority Bus Terminal, with its unrelated associated crime statistics, would not provide a meaningful basis of comparison to the study block." 76 • The Repon further notes the various police precincts which supplied that underiying data, and � Ibid., p. 31. 73 Ibid., p. 15. � Ibid., p. 1. "IS �� 75 Ibid. � i" e�r d� a 1 _ ae 31 the absence of prostitution and narcotics information from the primary source of criminal data. The Report also notes that the data reflect complainu, not arresu, (or convictions). It is further noted that the police precincts presented their data in sli�htly different categories, and that the incidence of larceny from an automobile on Eighth Avenue may be influenced by the number of parking lou in the area. " With respect to the overail data from the police precincu, the Repon notes that there were significantly more crnninal complaints in the areas with Adult Uses than in the control areas. '$ However, as stated above, the comparisons are generally not vaIid, and the comparisons are therefore meaningless. Further, the Repon notes: "One sannot assert that there is a direct correladon between these statistics and the concentration of adult use establishments on 42nd Street between Seventh and Eighth Avenue[s], or along Eighth Avemue between 45th and 48th Streets. But there is very defuutely a pointed difference in the number of crime complainu between these study blocks and their controls_" [Emphasis Added] 79 The Repon further notes that narcotics and pros*_itution activities were a si;nifica�t issue in the survey responses, but that narcotics information could not be obtained from the Police Depar[ment. 80 The Report then summarizes the arrests for prostitution in the Bighth and Ninth Avenue study and control areas, and in adjacent areas on each Avenue. VJhen arrests for patronizing a prostitute are included in the anaIysis, the highest incidence of arrests is found on Ninth � Ibid. 78 Ibid., Table V, p. 32. 7s Ibid_, p. 32. � Ibid � � • '`nu �` : R '� Y� � ' -` � °"' ¢ Li � a • � 32 Avenue between 45th and 48th Streets, $' an area with no Adult Uses. The various analyses of crune data were undertaken without demographic information (on a block basis,) of the resident populations of the areas, and without any information as to non- resident populations and pedesuian traffic. However, sunple observations in each area show more intensive land uses; higher non-resident populations; and much higher pedestrian (and vehicular,) uaffic flows in the azeas of higher criminal complaints and higher prostitution arresu (except Ninth Avenue, North of 45th Street). The Report states that the concentration of prostitution arrests on Eighth Avenue (which is less than Ninth Avenue between 45th and 48th Streeu,): "... may be related to [the] presence of adult use establishments along Eighth Avenue, but may also be related to traffic and pedesuian patterns, proxunity to the Port Auth�rity Bus Terminal, and proximity to Times Sguare itseif. ..." � The decline 3n criminal activity is also acknowledged by the O�ce of Midtown Enforcement, $' but the true conclusion of this Chapter is quoted on page 3-76, above, that a direct correlation betweea Adult Uses and cruninal activity cannot be asserted. 1.2.9 Surveys: The balance of Lhe Repon deals with the results of the various surveys undertaken by the Insight Associates. Since survey information should not be substituted for empirical data, � si Ibid., p. 33. � Ibid., P. 34. • � Ibid., F. 35. � 5[uart, op.cit.. P. I0. M+�� P 3 �l ; Y �d' i � '� �,: �.i 33 and since the survey instruments are insufficient $' the survey results are not considered in this Predicate Analysis. In summary, Insight Associates' 1994 Repon found insu�cient data to prove or disprove that Adult Uses have the adverse secondary effect of lowering property values, and could not assert that there is a direct correlation between criminal activity and the concentration of Adult Uses. Only the subjective, and inappropriate surveys, suggested that there were adverse secondary effects related to Adult Uses. Since surveys cannot be substituted for empirical data, the 1994 Repon of Insight Associates is not a predicate for the regulation of Adult Uses. Further, the Repon does not show compelling, or even substantial, evidence of adverse secondary effects reIated to Aduit Uses. Further, no qualified and reasonable planner would believe the anecdotal comments from the surveys prove the aIleged adverse secondary effects of Adult Uses, nor would a reasonable and qualified planner reasonabiy rely on these anecdotes in formulating land use policy or regulations, particularly in light of the findings of the empirical data. � Fedenl Ivsdc� Centes, op_dt. p- I-5. � � • ��' - .� _. � � Appendix B-5 B. 1. 2. � 3. � i ADAMS COUNTY, COLORADO, STUDY The Adams County, Colorado, Study ' is a compendium of material related to the efforts of this local government to regulate Adult Uses. Within this compendium, two documenu aze relevant: what appeazs to be an original (1988) three page re�ort by Sgt. J.J. L.ong of the Sheriff's Department, and a one page update, dated 6/20/91. The original study was to consider correlations, if any, between Adult Uses and 1) transients; 2) increased noise and crime; and 3) increased safety hazards to residenu. (1). By transient, the Study apparently means that customers came from Counties other than Adams County. (1). As Adult Uses are traditionatly "destinarions" rather than "impulse" or "pass-by" attractors, this result is irrelevant to any consideration of "adverse secondary effects". Further, the "transients" is cleazly being used in the study as out-of-county residenYS, rather in the pejorarive sense of homeless people. The first area analyzed (between 7200 and 73Q0 North Pecos) has a mixture of land uses, which reported 24 crimes in 1986. Of these crimes, �3 % were reported from the • i p�daavs County appears to be a suhurnantrural Couaty located east o£ I)enve= . � , �, � - •��. � 2 �• two Adult Uses in the area, and 38% were for aicohol-related offenses. (1). E Sunilar statistics were reported for 1987, and for other areas containin� Adult Uses. (2). C The statistics given thus far in the Study are meaningless because: 1) no control areas aze established; and 2) aside from a very Iugh gercentage of alcohol-related offeases (which can be found in any bar, regardless of the presence or absence of adult entertainment), does not give any indication of whether the crimes reported are: - crunes that are reported at the Aduit Uses but are unrelated to the use; - crimes that could occur at any commercial establishment; - "victiuiless" crunes resulting from police initiatives; or - crimes not resulting from police initiatives, and direcdy reIated to the Aduit T3se nature of the businesses. Absent the above breakdown, the staristics are meaningless. 7 The Study continues to focus on transiency and alcohol-related crunes, neither truly criminal nor unique to Adult Uses. (2). A statement in the Study that many of the arrestees had priar caminal records is � � � y� • � 9 �. 10. 11. � �3 equally meaningless without any control data. (2). The Study next notes that 66% of azmed robberies in one smdy area occurred at adult bookstores. (2). Arnied robbery is, of course, a crime that can occur anywhere, including all types of commercial establishments. Absent control data on both the number of businesses and their hours of operation, the azmed robbery data are also meaningless. Finally, this portion of the Study aileges that in the ten year period from 1977 to 1987, ten homicides "were directly attributable to adult bookstores and nude entertainment establistunents." (2). Again, the absence of control data, and specific reports to determine the breakdown of these crunes amongst the categories set out in q 6, above, makes this statistic, while alarming, meaningless. The bias of this Study is clearly documented in the following paragraph: "The study clearly demonstrated that nude entertainment establishments were an attractant to a class of patronage which was very much undesirable to the good citizens of Aduns Counry ..." (2}. • 12. The baIance of this Study (2. - 3) deals with a summary of the effects on the number of :� � _ a. _ : _� 4 �` �:H -. Adult Uses and their operations of the County Adult Use Ordinance. • 13. The 1991 update of the Study notes an increase in crune in one study area of 900%, of which only 290% was attributable to the Adult Uses. In fact, there was a 1%a decrease in crime in the three Adult Uses. 14. Otherwise, no significant changes were noted, and there was a brief discussion of enforcement problems related to chalIenges to the County's Adult Use Ordinance. f.Y4Uit� a : The Ada»u Counry, Colorado, Study is flawed in its attempts to establish a "cause/effect" relationship of Adult Uses and "adverse secondary effects", and it is further academically, professionally and scientifically unsound. In particular, the Study is flawed in that: - It lacks any meaningful controt data; - It does not prove any of the causal relationships which it does allege; and - It was clearly written to justify more stringent Aduit Use Regulations, and thus is inherenfly biased. � • i - �� ' 5 � Accordingly, the Adam.s Counry, Colorado, Sfudy should not serve as the basis of any Adult Use Zoning Regulations. � • � ; � C — i'_ �3 !'' Appendix B-6 3.7 Amarillo, Texas: ' i The Amarillo Repon defines Adult Uses as not only purveying "pomography" but as having a min;mum age for admittance. 2 These statements show a tendency towards a bias at the beginning of the Study, and, again, raise a question as to what land uses are actually being considered. A further indication of bias is fouad in the foIlowing siatement that: "[tljrban areas across the nation are beginning a crackdown on the growth of sex-oriented businesses". ' Further, the AmariZlo Repon notes that it deals with: "The problems with the proliferation of adult businesses in major urban areas ...";' a suggestion that the studies would not apply in suburban or rural areas. Other local govemment areas to which the Amarillo Report makes reference are: Kansas City, Mo.; and Atlanta; Birmingham; Boston; Santa Maria, Ca.; Mason City, Iowa; and L,os Angeles. 5 The Amarillo Repon found thaT the crime rate was greater around alcohol only areas, than 1 Amazillo, Te�cas, PIanning Department, Report on Zoning and DtF�er Methods of Regularing Adutt Entenainment in Amarillo, (September, 197'7). � Z Ibid., p. 1. 3 Ibid p 5 4 Ibid., p. 6. 5 76id., pp_ fi-14. Ezcept for I�s Angeles Ciry, tkie Consultant has not yet reviewed material from any of thue osher3urisdictions. 4 � � • � � �: � `� � 2 around aicohol and nude areas; 6 an unbiased statement that suggesu that there may be other causes of any "adverse secondary effecu" which may be found to exist. Finally, the Amarillo Report recommends that all conFrols on Adult Uses, which appear to be a combination of zoning and licensing, but not building, be incorporated in one "package" and be reviewed by the Planning and Zoning Commission before action by the City Commission. ' In summary, there are inadequate data to prove the validity of the resulu of the Amarillo Report. However, Amarillo has clearly distinguished between Adult Uses and uses serving Alcoholic Beverages. Further, the Amarillo Report notes more problems from Alcoholic � Beverage estabiishments than from Adult Uses. 1 • 6 fbid.. P- 9. 7 Ibid., P. I6. ��-�.�� Appendix B-7 4.6 Austin, Texas: ' [� The Adult Uses in Austin represent a particular problem "due, in part, to the moral unpiications associated with such enterprises in the minds of many members of the community." '- The above is a clear statement of bias, right at the beginning of the Study. However, the "stated" purpose of the Study is to "objectively evaluate the impacts of adult entertainment businesses on surrounding neighborhoods ...". 3 The next section of the Austin Repon ° reviews work done in other cities: Amarillo, Beaumont, Indianapolis, Los Angeles City, L,os Angeles County, Phoenix and St. Paul. Critical to this reliance, however, are certain other issues. For example, in the St. Paul, Minnesota, work, most of the emphasis was on alcoholic beverage establishments, wluch did not offer any expression protected by the First Amendment to the Constituuon of the United States. Further, the Los Angeles Study, which is a secondary source to the Austin Repon, specifically found no direct influence of Adult Uses on the assessed vaIuations of such properties. (Pages I Ausrin Ciry Council, Repon on Adu1t Oriented Businesses in Austin, (May, 198�. Z Ibid., F. 1. 3 �� 4 Ibid., pp. 2- 4. � LJ � • �, .:; ��"`-- 2 . 4-10, and 4-13, above.) � • � :� : � � `� �,� �; �; 3 The Austin Report next reviews the legai basis for Adult Use regulations. 5 At the time of the Repon, Austin included 49 Adult Uses, grouped into two categories: Aduit Entertainment Businesses (bookstores, theaters and film stores) and Aduit Service Businesses (massa�e parlors, modelling studios and bars and clubs). 6 The Austin Repon next evaluates the impacts of Adult iTses, starting with the incidence of crime. There is an extensive discussion of inethodoIogy, which, on its face, appears valid. ' I,and uses, land use controls, and population characteristics were reviewed in each of four study and control areas, and both the study and the control areas seem to have been carefully s� lected and appropriate. $ However, absent from this discussion is any indication that the authors of the Report considered other problematic land uses, such as Alcoholic Beveraae establishmenu, pool halls, temporary employment facilities, and blood donor clinics. 9 Therefore, the otherwise apparenUy solid conclusions of ihe Austin Report with respect to a significantly higher crime rate for general crirnes 10 are absolutely meaningless without consideration of these other problematic land uses. 5 Ibid., PP. 4- 5. 6 Ibid., p. 6. � Ibid., P. 4. $ Ibid. 9 Ibid., pp. 10 - Ll, 2Q - 23. io Ibid., P. 23. � � � � • � � � • � The sexual crime data, " aze meanin�less without a breakdown of violent crimes with victims, and crunes that may be alleged as a part of the Adult Use business. Also absent from this analysis is any indication of whether the sex crime statistics relate to charges or to actual convictions. Finally, the crime statistics are reported as offenses per 1,000 residents. 'Z While the resident population of the study and control areas has been matched with relative care, the Report does not report daytime or non-resident population, which is also an important factor in this type of analysis. The next part of the Austin Report 13 deals with real estate values. Although hard real estate data aze available from properry assessments for property taxes, tax records, and records of land transactions, Austin instead elected to determine the alleged effect of Adult Uses on property values through a subjective surve3 of real estate appraisers and lenders. ' The questionnaire used asks no control questions either about other problematic land uses or about the potential bias of the respondents, e.g. regular church goers, heads of families, non- drinkers, visitors to Adult Uses, etc. Accordingly, the real estate information, in par[icular with the conspicuous absence of readily available hard data, is totally unsubstantiated, and not 11 Ibid. at 10. 1z �id. 13 Ibid., PP- 24 - 21. 1e �id., P- 24. is Ibid., Appendiz D, pp. 45 - 46. . '� � � � :.�y � ' . worth_t�e'paper upon which it is written. ;=`:�.:' J The fmal part of the Austin Report, ib is an analysis of the trade area for Adult Uses which concludes that most patroas of Adult Uses come from a significant distance from the use. This conclusion, while possibly useful in supporting the establishment of a parking requirement determination or of a Transportation Impact Fee for Adult Uses, is meaningless in terms of computmg the alIeged "adverse secondary effects" of such uses. It is undisputed that some Adult Uses are not neighborhood commercial in nature, and that they draw their clientele from further afield. The Repon concludes wirh a summary of its findings, and with recommendations as to the regulation of Adult Uses. " In summary, the Austin Repon's crime analysis starts with a proper methodology, but, because it does not consider other problemauc land uses, ihe apparently sound methodology becomes meaningless. Further, t�e Repon's real estate fmdings are totally unsubstantiated and the Repon's trade area analysis is immaterial. Nine years later, no reasonable and qualified planner, in a City such as New York, wouId reasonably believe the Austin Repon or reasonably rely on it in formu2ating land use policy or r�Qulations for New York City. i6 �� PP- 27 - 3I. n Ibid.. pp 32 - 34- i � � • �- �. ., �� i Appendix B-8 4.4 Indianapolis, Indiana: ' 4.4.1 Inuoduction: Indianapolis, in 1983, had 68 Adult Uses at 43 different locations. Z The implication in this Study is that the first concern is a moral one. ' Aoain, this Study begms with an ahvious bias_ The Study does not document what o;her problema?ic land uses might be present in the Study Area and absent from the Control Area. The Study notes that Detroit recognizes that certain motels, pawn shops, billiard halls, etc., can have the same effect as Adult Uses. Other jurisdictions have targeted temporary help agencies and blood donor facilities. 4.4.2 Crime Statistics: With reference to "sex crimes" the Study does not indicate how many are alleged violations in I Division of Planning, Indianapolis Departmenc of Meuopolitan Developmenc, A Sumrnary of a National Survey of Real Estate Appraisers Regarding the E}ject of Adutt Bookstores on Properry Yalues, January, 1984). ' /. . . li . � � � • Y • �' • 2 ( the Adult Uses. ° The comparison of crime statistics does not speak to whether the crunes are reports, convictions or some other form of police report, 5 but they appeaz to be only reports. 6 4.4.3 Housing Values: The appreciation of housing vaIues and real estate listing confd be reIated to a variery of factors other than Adul± Uses. ' Further, the survey of real estate appraisers is clearly invalid, given the serious flaws in the survey instruments. $ For example, the survey did not include demographic or control questions. Thus, there were no corre?ations between Church attendances and responses, age and responses, marital status and responses, etc. that could be u�ade. The survey is further deficient for its apparent lack o: definitions and of controi questions; e.g. "How big is a block?°' "Would non-Adult commercial uses have a similar effect?" 9 ° Ibid., P. ii. 5 Ibid., p. ii. 6 Ibid., P. 21. � Ibid., p. ii. $ 1bid. ui. 9 Ibid., p. iii. l ?_ __ ' : ��,, � g 4.4.4 � Cause or Effect? � There is the first (and only) recognition that Adult Uses may not be the cause of alleged neigfiborhood problems, but rather may locate in areas already in decline. ' Adult Uses are recommended onIy for relatively intensive commercial areas and not for neighborhood commercial or, by inference, industrial areas. 11 Again, the first concem is the "moral implications attendant upon such businesses in the minds of many members of the community." 1 z Further, the alleged "negative impac;s on neighborhoods" are clearly relegated to a secondary consideration by use of the term: "... additional charges" , 13 4.4.5 Study and Control Areas: Again, the only apparent distinction between the Control and Study azeas was the absence, or presence, of Adult Uses. It is vnl�own if other problematic land uses were present, and if so to what extent in the different areas. 14 Further, with respect to the Con�al and Study Areas; lo Ibid., p. ui. 1t Ibid., p. iv. 1z Ibid., P- v. � Ibid. p v � ta �� P � • 3 � � • � "... the dominant characteristics were their zoning mix population size and housing stock". 1s The use of a crime rate per 10,000 population can be misleading, because it ignores the "daytime" population of commerciai areas. 16 Absent fum data on the daytime populations, these crime rates are meaningless. More appropriate measuremenu would be crunes per area, or factor of daytime population. The Study is correct when it states that crune rates are an appropriate measurement in neighborhoods, I' but only when totally residemial areas are compared. Nolwithstanding biases which are likely to cant the results towards a fmding that Adult Uses contribute to crime, the Study actually found that in pure commercial areas, the crime rate was lower in the areas containing Adult Uses. in areas that were predominantly residential, the crime rates were approximately equal. 18 The only area type in which the crune rate was found to be higher in the Study Area was the mixed use area. Yet there are counfless other explanations for this fmding. Older, unplanned m'viced use areas are more prone to land use conflicts which, in turn, tead to reduced groperty values, less stable residential occupancies, and the resuiting problems of urban decline. 1s Ibid. 15 Ibid., P. 7. t7 Ibid., P- 1Q. t8 Ibid., p. I3. �. R �, � v 4..` 5 Therefore, it is at worst, inclusive that there is a corretation between crime rate and Adult Uses in these areas. More likely, it is improbable that there is such a correlation. With respect to the alieged "sex-related" crimes 19 there remain many problems with the fmdings of the report, including all of those applicable to all crimes. It must be remembered that three of the six categories of "sex-related" crunes are presumably both voluntary and victunless. ihe authors of the Study, having found unpalatable results, have c�osen to hide behind their statistics and ignore in their summary 20 the results by area type. Further, the Study, on which New York City purportediy relies, fmds: "The anomaties demonstrated in the comp2rison of the Study Area with the geaeral population and rhe Control Area will not, in themselves, establish a causal relationship between Adult Entertainment Susinesses and fhe crime rates in the immediate area surrounding them." [Emphasis Added.] 21 The only alleged findiag 'ss a uniformly higher rate of sex crimes u but this finding is made without substantiation. Further, some of the so-caIIed "sex crimes" which are reported, appear to be the result of law enforcement acuvities directed to the Adult Uses, and not a true is Ibid., P. 15. zo �� , P- 18. u Ibid.. P. 1S. u Ibid., P. I8. ti � � • �. �, - �� - 3 � adverse secondary effect. ,� • 4.4.6 Reat Estate Values: �, The alleged analysis of mortgage values and multiple listings � begs the question of whether Adult Uses are located where they are as a cause or effect of the fndings. Notwithstanding this unanswered questions, the data seem contradictory and vague and are certainly not an adequate oredicate for an Adult Uses Ordinance. �The use of mortgage and lisring data'� is much less effective than recorded sales, because it does not present the true value of property. There are, as stated above, simp:y too many unaddressed variables for the increases in mortgage values'� to be meaningful. Similariy, there are again sunply too many unaddressed variables, for the discrepancies in real estate activity zb to be meaningful. Notwithstanding biases which are likely to cant the resulu towards a finding that Adult Uses contribute to lower property values, the Study actually found thaY the Study Area has: �' Ibid., pp. 27 - 30. za Ibid. � Ibid., P-19. � dbrd.. P- 30. � ,, . '�:� .,_ � � "... a residential housing base of substantially higher value than that found in the areas chosen as control sites. [Emphasis AddedJ 27 The slower rate of real estate appreciation and the different rate of real estate activity 28 could be explained by a large variety of factors unrelated to Adult Uses and is thus meaningless in the absence of data or analyses establishing a correlation with Adult Uses. 4.4.7 Appraiser Survey: Following are comments on the Apgraiser Survey. 29 However, the Survey itself is so badly constructe3 as to be incapable of providing meaningful results. Indianapolis found it app*opriate to undertake two distinct surveys - one nationwide and one of MAI appraisers in areas similar to the subject area. It should first be noted that the hypotheses of the survey are inadequate: how long is a block? Is the area suburban or central city? Are other problematic land uses present? Are there other commercial uses? iVliat is the transportation system like? VJhat are the pre-Adult Use properry values? Is the azea already in transition? 27 Ibid., p. 31. � Ibid., g. 33_ � II�id, pp. 33, etseq. �I � • :, � � ,�. • [:3 While the survey did make an effort to establish opinions of comparative effecu between different uses, � it missed many of the problematic land uses which have been the tar�et of reb latory efforts, including alcoholic beverage establishments, temporary heip services and blood donor clinics. Twenty-nine percent of the Appraiser respondents opined that one aduit bookstore would have no nnpact on adjacent neighborfioods, while 50% predicted a moderate to sabstan�ai negative impact. In both groups, only 13 % based their opinion on professional experience. 31 Some respondenu picked-up on the deficiencies in the survey insmunent and added contingencies to their opinions. Those contingencies included: existing properry values, community attitudes, development standards and the nature and buffering of the co;nmercial area. sz Given the level of detail on the maps " it is inappropriate to consider neighborhood commercial and special uses as residential. Further, from the graphics, it appears that most identified Adult Uses are located on major roads and most are aE comers. The maps do not indicate, and the Consultant does not know Indianapolis, whether these areas are pedestrian- or 30 ]bid., p. 40. 31 Ibid., P- 38. � Zbrd. p 4G 33 Ibid., Appendix I. ,, � . „ �� ; vehicle-oriented, CBD or suburban, and what other area characteristics they have. As stated above, a major problem with the survey is the absence of demographic data. The resulu, therefore, are generally meaningless. The use of the survey, when empirical data are available is impermissible under Urban Indicators 34 and the survey does not meet the necessary evidentiary standards. 3 ' 4.4.8 Summary: In summary, the data included, while appazently biased to find the alleged detriments of Adult Uses, actually prove few, if any, adverse effects. In any event, the data are so weak and incompiete as to prove the invalidity of the resuits. Further, the Indianapolis Analysis is the only Study which even identifies the possibility that Adult Uses establish in azeas aLeady subject to decline, rather than causing a decline. Other admissions in this Study, suggest that some degree of professionalasm was employed at the beginning, but gave way to a pre-determined result as the Study progressed. ' Stuart, op.cit., p. 10. � Dmrben, FederaI Judicial Center, uF.dt. � � • P� � �O None:heless, the Indianapolis Study found no causal relztionship between adult entertainment establisiunenu and crime rates, and that residential properry values in the vicuuty of Adult Uses were higher than those in the controi areas. Accordingly, the Indianapolis Study does not form the basis of a reasonable belief that Adult Uses cause adverse secondary effects. Eleven years later, no reasonable and qualified planner would reasonably believe the Los Angeles Study as documentation of adverse secondary effects of Adult Uses, or reasonably rely on it in formulating land use policy or regulations. � • t• � ."� �; ' ' , _, ..r Appendix B-9 43 4.3.1 I,os Angeles, California: ' 1 Summary a�d Recommendations: The Summary and Recommendations part of this Study identifies the two methods of Zoning Adult Uses, and then summarizes the alleged effects of concentrations of Adult Uses, noting that "There has been some indication that the concentration of ' adult CntPrtainment uses resuits in increased crune and greater police enforcement problems." [Emphasis added] 2 The Study fur�_her correctly and astutely notes: "The Pianning Department staff is of the opinion that the degree of deleterious effects on adult entertainment businesses depend[s] largely on the particular type of business and on how any such business is operated." 3 Other parts of the Sumxuary and Recommendations focus on public reaction to Adult Uses, however, the Study is flawed because it reports no characteristics of the respor.dents, does not identify other possible bases for the respondent's concerns about the areas in question, and does not identify the characteristics of any comparison areas. Further the reliance on "public I Los Angeles Department of Ciry Planning, Study of the Efjects of the Concenzration of Aduk Entenainmera Establishmenu in the Ciry of Los Angeles, Los Angeles, CA., June, 1977. Z Ibid_, P- 1. 3 Ibid. i+ � � • a � 2 reaction" is impermissible under Urban Indicators, 4 and the materiai was not gathered in accor�ance with the standards for snch analyses. 5 The Study again forthrightly notes: "... It cannot be concluded that properties contauring concentrations of adult entertauunent businesses have directiv influenced the assessed valuations of such properties." [Emphasis in original] 6 � • 4.3.2 Other Ordinances: The Study then analyses Adult Use Ordinances enacted ia other jurisdictions and their effecu, and then makes recommendations for Adult Use Zoning Regulations for the City of Los Angeles, without, in this part of the Study, substantiating those recommendations. ' 4.3.3 Findings: Under the heading "Findings", the Study makes specific fmdings with respect to the City of I.os Angeles, which rely on uncontrolled and unspecified police statistics; on public comments; responses to questionnaires. which at least in this part of the Study are uncontrolled; and an analysis of properry values which shows no direct correlation between Adult Uses and property values. 8 ° Sman, op.cit., p. 10. 5 Daubert, Federal Judicial Center, op.cit. 6 City of L.os Angeles, Depaztmenc of City Planning, op.cit., p. 2. � Ibid, PP- 2- 3a. II. $ Ibid., pp. �-6. t� 3 The Study acknowledges that there is a question of whether Adult Uses do cause "adverse secondary effecu", 9 and asserts that Planning Deparunent Staff is unbiased in this endeavor. ' The Study then reviews in greater detail Adult Use Zoning Regulations employed in other cities, without discussion of alleged "adverse secondary effecu". " 4.3.4 Regulatory Techniques: The Stud then discusses non-Zoning techniques for regulating Adult Uses, IZ and previous I.os Angles efforts to regulate Adult Uses, 33 again without discussion of alleged "adverse secondary e�ects". 4.3.5 Methodology: The nest section of the Study sets forth the Study's Methodoloay and Analysis, stressing that the Study is: "an effort to determine, on an empirical basis, the effects (if any) of adult entertainment facilities on suaounding businesses and other properties." [Emphasis in the OriginalJ 14 The Methodology portion of the Study contains fur[her disclaimers of bias, and emphases on 9 Zbid., p. 7. Io Ibid., p. S. i � �bid., PP. 9 - 13. tZ Ibid., pp. 14 - 17. � ��, PP- 18 - 19. ta � P � 1 �� • .. ; � ;� - 0 scientific research and objective data. The Study aiso compared areas with concen�ations of fidult Uses to control areas where thzre wzre no such concentratio�s. 15 (T'here nay well be di€ferent land use issues in areas where there is a concentration of Adult Uses. However, since most Adult Use Zoning Rea lations employ Detroit's dispersal model, rather than Boston's "combat zone" model, the impacu of concentrations of Adult Uses are irrelevant.) 4.3.5 Properry Values: With respect to "Changes in Assessed Valuation Between 1970-75 in Five Separate Areas Cor.zining High Concentrations of Adult Entertainment Businesses", the Study reported: - Increases in assessed values in both subject and control areas, with the increase in the subject area being less than the control area in two of three comparisons; 36 � - In two of the three areas, the land values in the subject areas fazed better than that the land values in the con�ol areas; " - commercial property fared better in two control areas than it did in the subject areas; 18 - Other control and subject areas fared differendy, in ways not readily explained. 19 The Staff conclusion is that there was generally [Staff emphasis] a tendency for smaller increases in subject areas, but: is Ibid. • ib Ibid., P. 24. I � Ibid., Table IV. � dbi�, Tahte N-A. L9 Ibid., p. 25. , � ... However, in the staff's opinion there would appear to be insufficient evidence to support the contention that concentrations of sex-oriented businesses have been the primary cause of these patterns of change in assessed valuations between 1970 and 1975." [Emphasis in Originalj 20 The next section of the Study 21 deals with public meetings and other forms of public comment. As stated above, public commenu are ;enerally not su�cient competent, substantial evidence to document "adverse secondary effecu" of Adult Uses. u 4.3.7 Questionnaires: Tne aext section of tne Study � deals with two questionnaires, a"General Quesiionnaire" sent to properry owners, with a sub-group of real estate professionals, and a second Questionnaire sent to Appraisers. The purpose of the questionnaires was to detemune additional factual data. 24 The General Questionnaire,'� has no control questions dealing with: The demographic chazacteristics of rhe respondents; or The answers of the respondenis to similar questions about other L.ocaily Unpopular Land Uses (LULUs), such as bars, temporary employment pools and blood plasma clinics. zo �id., PP. 25 - 26. u Ibid., PP. 27 - 31. � See, Smzrt, Daubert and Federal Judicial Center, op.cit. zs Ibid., PP- 32 - 43. zs �id, F. 32. � Ibid_, APPendix B. ;. � � • r> A � u Likewise the Appraiser Survey ' contained no conuol questions. Therefore, the Study is correct in iu conclusion that, while there is a perception of adverse secondary effecu, "VJhether or not such negative impacts have actuall�occurred, or [are] only perceived to have occurred, cannot be readily determined empirically or on the basis of the survey. ..." 27 �� Thus, nane of the responses in either group of the Ceneral Questionnaire nor in the Apgraiser Questionnaire is meaningful, or scientifically, academicaily or professionally sound. Fur[her, reliance on the questionnaires as a substitute for empirical data is impermissible under Urban Indicators Z$ and inconsistent with the standards for such work. z9 4.3.8 Census Data: The next part of the Study, ' is a comparison of Census data for areas of the Ciry of Los Angeles considered elsewhere in the Study. This comparison is critical for a valid analysis, and appears to be properiy done. The Census data show that the Study relied on very valid comparisons between the three subject areas for which there are direct conuol areas, and between the other subject azeas and their control data, and were an integral part of the Study. Beyond the foregoing benefits, tt;e Census data do not address the impacts, if any of Adult Uses. zb Ibid., Appendix C. Z � Ibid., p. 35. 28 Stuart, op.cit., p. 16. � I3�ebet, Federal Iudicial Ceater, ¢p_cit 3o City of Los Angeles, Depar�ent of Ciry Planning, op.dz., pp. 44 - 50. g 43.9 Police Data: 7 The last part of the Study 31 is a presentation of police data, extracted from a separate report prepared for the Pianning Department by the Police Department. The Police data deal entirely with a comparison af the Hoilywood area of the City with the balance of the City. The data show, for the period 1969-1975, a much larger increase in crime statistics in the Hollywood area thar. in the City as a whole. The statistics also show a significant increase in the number of Adu1t Uses in the HoIIywood area. However, the data do not report other changes in land use in the Hollywood area, compazed to ihe rest of the City. Further, the data are not presented on an annual basis which might determine if the appazent correlation between the increase in Adult Uses and the increase in crime occurred as the number of Adult Uses increased on an annual basis. Without consideration of the other changes in land use in the Holfywood area, and in the City as a whole, as well as of changes in demoeraphic characteristics and overall economic and social conditions, the Police data are meaningiess. Finally, the Police Department relied on input from Clergy, Churches, concemed citizens and police o�cers, without qualifying that input. Therefore, the Police data are severely flawed. 43.10 Summary: The Planning Department's component of the Los Angeles Study is, after the New York City �� 3t Ibid., gp_ 51 - 55. , 3, � � � Depar[ment of Ciry Planning Study, the most professional and least biased of the many studies reviewed by this Consultant. Planning Staff achieved their Goal of an unbiased analysis based on empirical data. The key conclusions of the Study are: There is a perception that Adult Uses cause adverse secondary effecu; There is no proof of a causal relationship between property value chan�es and the presence of absence of Adult Uses; The Police data aze meaningless. Accordingly, the Los Angeles Sturfy specifically states that no direct relationship between Adult Uses and property value cnanges can be proven. Other data in the Study are not obtained in a meaningful fashion that is academically, professionaily and scientificaliy sound, and, therefore, this Study shouid not serve as the basis of any Adult Use Zoning Regulations. Eighteen yeazs later, no reasonable and qualified planner would reasonably believe the Los Angeles Study as documentation of adverse secondary effects of Adult Uses, or reasonably rely on it in formulating land use policy or regulations. � . "1 1 Appendix B-10 � � Minnesota Attomey General's Working Group: ' Introduction: While many of the other works considered in this Predicate Analysis have some validity, this work is entirely without any redeeming vaiue. The Task Force was formed after a murtber of Federal Court decisions invalidated local government Aduit Use Ordinances, and was designed to try to overcome t�ie unpact of such decisions. The membership Qf the task force included five politicians who ofren perceive a public demand for AduIt Use Ordinances (based on what is often a lunited amount of input from a very vocal minority,) and a police officer. Z One of the politicians had actually advocated a prior restraint for adult material made available in the City of St. Paul, which was clearly an unconstitutional form of censorship. ' It should also be pointed out that, for New York City, this Report is a tert4ary souree. Because the Repon includes no first-hand analyses, and, instead, relies solely on studies from I T'he Aaomey General's Working Group on the Regulavon of S°zually Oriented Businesses, Repon, St. Paul, Pvlinnesota, Iune 6, 1989. 2 Ibid., List of Members. 3 Intenzew, Randall D. B. Tig[te, Esq., op.cit. 4' 1. � � � �' � jJ 2 other jurisdictions, it becomes a tertiary source for New York City. The orientation of the Report is clearly set out: "... Much community sentiment against sexually oriented businesses is an outgrowth of hostility to sexually explicit forms of expression. ... "On 3une 21, 1988, Attorney General Hubert Humphrey III announced the formation of a Working Group on the ReguIation of Sexualiy Oriented Businesses to 2ssist public officials and private citizens in fmding legal ways to reduce the impacts of sexually osiented businesses. Members of the Working Group ... inciuded ... members of both the Minneanolis and St. Paul city councils who have played critical roles in developing city ordinances regulating sexually oriented businesses. �) ... The Working Group believes much pomography conveys which 4s degrading to women and an afFront to hw dignity. [Emphasis AddedJ ` a message The above, and other prelinunary statemenu in the eariy sections of the Repon clearly document the bias of the Working Group, and irrefutably impeach the Report's conclusions. Further, much of the Repon's orientation 5 relates to obscene material, which is not protected by the First Amendment, and, therefore, is unmaterial to Zoning Regulations applicable to First Amendment protected expression. � � 4 Wnrkiu� Cuoug, op.cit, FP• 1'Z- 5 e.g.. Ibid., p. 4, poiu� 1- 6, mclusive. N f'.'. � 'l '1 = J _ � ." .,. � j 3 4.8.2 Studies Considered: The next part of the Working Group's Report reviews the foIlowing "studies": - Minneapolis, 1980 - Si. Panl, 1978, 1987, 2988 - Indianapolis, 1983 - Phoenix, 1979 - Los Angeles, 1984. 6 As stated above, the Minneapolis Study has been disavowed by iu author, and the 1978 St. Paui Study concentrated on alcoholic beverage establishtnents, not on establishments offering First Amendment protected expression. Further, evidence of the bias of the Working Group is found in their Repon's omission of the empirical fmdings of the Los Angeles Study with respect to property values, and of the Indianapotis Study with respect to crime rates. (pp. 4- 10, 4-13 and 4-22, above.) Los Angeles, Indianagolis, and Phoenix are discnssed in detai� in §§ 4.2, 43 and 4.7, respectively, above. The Minneapolis and 1978 St. Paui studies require no consideration in this Predicate Analysis. The VJorking Group's Report also considers at some length the 1987 St. Pau� Study, lmown as the "40 Acre Study". The Repon fust describes some alleged problems in the area, and then notes: "... It would be di�cult to amibute these problems in any simple way to sexuaily oriented businesses." ' and then promptly attempu such attribution. However, the Consultant has ascertained that � 6 Ibid_, pp- 6 -1Q. � Ibid., P- I0. eY � ; �� ::, " i � �� . 1 � subsequent trends in the area clearly indicate that there was no causal relationship between the Adult Uses in the area, and the problems which the area suffered. For zxample, most oi the area's Adult Uses are now closed, but the problems persist_ Therefore, this tertiary source for New York Ciry does not establish a causal relationship between Adult Uses and adverse secondary effects. 4.8.3 Public Testnnony: The Working Group's Report next reviews public testimony which it received. $ This testimony has no evidentiary value in documenting the alleged adverse secondary effects of Adult Uses and merits no further consideration in this Pred'acate Analysis. 4.8.4 Organized Crune: The Working Group's Report devotes considerable tune to the alleged connection of sexually oriented businesses and organized crune. However, New York City is proposing Zoning Regulations to regulate Adult Uses, and Zoning runs with the land, 9 this discussion is totaliy immaterial and irrelevant to New York City. 4.8.5. Conclusions: $ I6id , gF- T2 - Y4. 9 St. Onge, foomote 19, Chapcer 3, above. x A rs :T � r � '� . § tl �; . . _ � ly 5 . T'he Working Group Repon then reviews "Prosecutorial and Regulatory Alternatives" 10 which includes discussions of cruninal, nuisance, and Zoning actions. This par[ of the Repon deals only with regulations and their implementation and not with the alleged adverse secondary effects of Adult Uses. Accordingiy, the Report of ihe Working Group should not serve as the basis of any Adult Use Zoning Regulauons, particularIy since, for New York City, it comprises entirely tertiary sources. No reasonable and qualified planner would reasonably believe the Working Group's Repon or reasonably reIy on it in formulating land use policy or regulations for New York City. � L° Workmg C:roup, op.cit., pp. 20 -4b. � � � ,_ . � �. �. � � � � Appendix B-11 33 Oklahoma City, Oklahoma:' 1 The Oklahoma Survey was done after an Adult Use Ordinance was passed. Z The mailed survey is very similaz to that used in Austin. Although hard reai estate data are available from property assessments for properry taxes, tax records, and records of land transactions, Oklahoma instead elected to determine real the alieged effect of Adult Uses on property values through a subjective survey of real estate appraisers and lenders. 3 The questionnaire used ` asks no control questions either about other potentially problematic land uses, or about the potential bias of the respondents, e.g. regular church goers, heads of families, non-drinkers, visitors to Adult Uses, etc. Accordingly, the real estate information, in particulaz with the conspicuous absence of readily avaitable hard data, is totally unsubstantiated, and not worth the paper upon which it is written. In summary, the Okdahoma Survey is an uncontrolled, subjective survey, which is totally I Oklahoma Counry Community Development Department, Survey of Reat Estate Appraisers Regarding Adult Eraenainment Businesses, (Mazch, 198�. Z Ibid., P. 1. 3 Ibid-, PP. 1- 3. 4 Ibid.. PF. Z- 3. a� f X � 1 Appendix B-12 4.7 Phoenix, Arizona: ' z 4.7.1 Initiation: The Study was initiated after an Adult Use Zoning Ordinance was instituted, 3 again suggestina an inherent bias in the study. This is one of the best studies done, with a facial appearance of academic, scientific and professional soundness. However, the S:udy is still flawed, as follows. ,�i First, the Study reports that New York City adopted stringent Adult Use Zoning Regulations. ` � That statement is untrue; while such regulations were proposed, they never were adopted, and now, 16 years after the Phoenix Study, iVew York City is again considering such regulation. The existing Adult Use Zoning Regulations, to be supported by the Study require a segregation distance of 1,000 feet between Adult LTses and prohibit Adult Uses within 500 feet of a school or a Residential Zoning District except with a petition and a waiver by City Council. 5 i The Consulcant g;atefully ac'�mawledges r�e assistant of Randy D. Fishei, Ph.D., of the Universiry of Cemral Florida, who undercook the original analysis of this Srudy. Z Phcenix Planning Department, Aduk Business Study, (May, 1979). 3 Ibid., p. 2. � 6 Ibid, p_ 1_ 5 Ibid.. p. 2. � 4.7.2 Hypotheses: The Phoenix Study goes on to reinforce the clear bias and purpose of the document, when it notes: "The Phoenix Ordinance was based on two hypotheses: first, that there are direct impacts which uniquely zelate to this cIass of land use; and second, that are indirect but equally potent, attitudinal concerns which result from proximity to an adult business. Examgles of the fomier are possible trafFc congestion, unusaat hours of operation, Iitter, noise, and criminal activity. Illustrating the latter is substantial testimony that has indicated that many neighborhood residents dislike living near an area containing an adult business. ..." 6 Still further proof of the Study's bias is found in the following statement: "In this study we wiil show that there is a relationship beFween arrests for sexual crimes and locations of adult businesses. ..." ' 6 �� ' Pbid., g. 3. Were this Snrdy tculy done oa a neuaat basis, the langaage wa¢Id have been in the order of: This smdy wiIl de*�+*+*� if there is a relarionslrip between arress for sexual crimes and locations of adult businesses. i, � � � � > L � 4.7.3 � Study and Control Areas: 3 With respect to the study and control areas, $ it cannot be determined if the Adult Use study azeas were randomly selected, or were specifically selected as problematic areas. Further, it cannot be determined if the control areas were matched with the study areas in terms of demographics and land use. In fact, it ap�ears that the control areas had significantly less problematic demographics and land uses than did the study areas. 9 The Study further does not reoort the presence or absence of other problematic land uses (e.g. alcoholic beverage establishmenu, etc.,) in the study and caa�ol areas. 4.7.4 Crime Rates: The crime of rape is reported twice on Tabie V, as both a violent crime and in a separate category. 10 In two of the three comparisons, there is actually a lower rate of violent crime in the study areas than in the control areas. Much of the "sex crime" reporting involves indecent 8 Ibid., PP. 3- 6. � 9 Fbid, Table II, g. 6, Tahles III and IV, p. 7_ io Ibid , Table V. � exposure. " When the raw numbers are compared without indecent exposure, the comparisott between the study areas and the control areas is significantly closer. This Study uses crune rates, 12 based on crime reports that do not reflect convictions, 33 with the rate determined on the basis of population. Fiowever, the Srudy does not indicate where the authors obtained the population data. Further, and most critically, the Study does not consider daytime populations, which could signif:candy alter the results. Il Ibid. iz �� Ihid., p. 8, fn. l. �� _ � � � s s � 4.7.5 Summary: � - In summary, although the Phoenir Study is considerably more professional than many of the local government studies, it, nonetheless, is severely biased and badly flawed, and does not prove a causai relationship between Adult Uses and "adverse secondary effects". In particular, the Study is flawed in that: - It does not indicate how the study and control areas where established; and does not prove that these comparisons aze valid; - Tt does not prove any of the causal relationships which it does allege; and -- - It was clearly written to justify more suingent Adult Use Zoning Regulations, � and thus is inherently biased. Accordingly, the Phoenix Study, should not serve as the basis of any Adult Use Zoning Regulations. Sixteen years later, no reasonable and qualified planner would reasonably believe the Phoenix Study or reasonably rely on it in formulating land use policy or regulations for New York Ciry. � +.! �' _ �.� ' � 4J �,dult En�erarnm°��f %onir�r P,eauirernenrs 1;9 ` +( "ac„it; E_� g__ s-= �- � J�- -' i � Use: � t ,i P.�cfi CCCkStOre SCUP SCUP SCUP SCUP $Cu° I� J � � (°C�li°C, �ECUIfe.�i, �eqUlf2d, (Eafif(2'J, (cGL'lic,:, I� r=viev��a rvielved revie��=d revie:v=_d revie:�:ed �+ � ci.fiL'2��)'. 2i7�1L+2��%. 'citfl!]o��V. afl(?Uc��Y. cil(tUc:tj'. I� Aduit C�b�rei � Must be t:4ust te �?ust be Pdust he �i�s[ bz • �CC2iE0 ci �CCcicd ci �GCc;B4 'ci �:'C2:°Q ct iOCcic� 'c. le�si 2"040 I_=2st 1320 lczst �320 IEZSt 2c'40 le2<_`. 2"040 <_ _. :. I p �� 'i fE°i i(0!T7 fcEi �rom 2tlY fE°i (fGtTl ieet rom zry ici i�Cfii c�`f Convers�r,on any ct � Ef Ci(12� 24L�f 2ny other Otfi2f adult OfiIEC cCtl�i Rap Parlor �duft us�. use_ zdult use. use. use. Ntu=t 6= Must b= Must 6e tvSest be Adult Health � �r Iocated at Must h=_ loc�ted at locat=d at � Spor.s Clubs �east 800 least 400 feet Iccated 2t Iezst 800 feet (east 800 te°t feet from from least 400 from from resid=_ntialiy residentially feet from residentially residentially Adult 7J�assage Zoned zoned residentially zoned zoned Parlors property. property. zoned prooerty. propery. P�aP°�Y� Must 6e Mus? be Must be Must be Adult Mini- located at located at Must be located at located 2t PAotion Picture lezst 400 te2st 200 feet locafed af least 400 feet least 400 feet Theatres feet from from any least 200 from any from any any • protected feet from protected protected Adult Motion protected uses.' any uses.' uses.' Picture uses.' protected Theatres No two adult uses.` No hvo adult No hvo adult No two adult usas can be uses can be uses can be Aduit Steam- uses can be in the same No two adult in the same in the same Room in the same building, but uses can be building, but building, 6ut Bathhouse building, but must be in tfie same must be must be must be spaced at building, but spaced at spaced �t Other Adult spaced at least '1320 must be least 2640 least 2640 Uses ��2st 2640 feet apart. spaced at feet apart. feet apaR. feet apart. least 1320 feet aoart. ' Protected uses are zs foilows: Residentiai, day care, house af suorshio, public library, schools (public, privafe or parochial elementary, junior or senior high schools), puolic regional park or par;cway, pu6lic park, public recreatioa center or facility, fire station, community/residential facility, mission, or hotel/motel. � � � � � ' � � /�`I � �! t�l i 'c7i ��. �� ,,� r _. ; � _. k � �� Adult Entertainmen.t Zorino R�ouiremenrs i/9a FACILITY USE: ZONE: I SCU°: B- 3 SCUP Required, reviewed annu211y. (1) hiust be locztad Aduft Bookstore, I- 1 at feasi 2640 feet from any other adult usa. (2) hius: Be Adult Caharet, I- 2 located at least 800 feet from residentially zoned Adult Conversation/ properry. (3) Must he focated at lzast 4D� feet iram any Rap par�ors protecied uses. (4) No two adult uses can be ir. the Aduit Heaith/ same building, but must be spaced 2640 fee? apart. Sports Clubs * Conditions 2 and/or 3 may be waived by the planning Adult Massage Pariors commission with peti[ion indicating approval from 90°h of Adult Mini-Motion the property owners wi[hin 800 feet. Picture Theatres q y Must be located Adult Motion Picture B- 4 SCUP re uired, reviewed annuall .(1) Theatres B- 5 at least 1320 feeY from any other adult use. (2) Mus2 be Aduit Steamroom/ located at least 400 feet from residentiaily zoned Bathhouse property. (3) Must be located at least 200 feet from any Other Adult Uses protected uses. (4) No turo adult uses can be in the same buiiding, bu[ must be spaced 1320 feet apart. � CondBions 2 and/or 3 may be waived by the plannirg commission with petition indicating approvaf from 90°h of the property owners within 400 feet. � \' o� / V - �X�`'� i✓I I