1. What is a sexually oriented business (SOB)?

a. Definition:  A sexually oriented business is one that has:

1. "as one of its principal business purposes" [FW/PBS v. City of Dallas], or
2. its "primary purpose" is [Renton v. Playtime, Inc.], or
3. has "a substantial or significant portion" of its business stock in trade or activities relating to "specified anatomical areas" or specified sexual activities" [Young v. American Mini Theatre]

b.  Types of SOBs:

4. Adult arcade
5. Adult book, novelty or video stores
6. Adult cabaret, night club, gentlemen's club, go-go club or strip bar
7. Adult motel or adult hotel
8. Adult motion picture theaters or adult theater
9. Escort or escort agencies
10. Massage parlor
11. Nude model studio
12. Sexual encounter center

2. Can laws be passed to prohibit SOBs from coming into a community?

1. No. The U.S. Supreme Court has stated that there is a presumption of First Amendment protection for all establishments that deal in "speech related" materials or activities. As long as the business is not engaged in any illegal activities, such as the distribution of obscenity or the promotion of prostitution, then they must be allowed to operate.
2. Therefore, if an SOB is engaged in legal "speech related" activities or materials, you CAN NOT pass legislation prohibiting them from coming into your community.

3. What can a community do to protect itself from SOBs?

1. The U.S. Supreme Court, in two landmark decisions --Young v. American Mini Theaters, Inc., (1976) and Renton v. Playtime Inc. Theater, Inc., (1986) concluded "...that municipalities have a substantial interest in protecting and preserving the quality of life for its community against the adverse secondary effects of SOBs...." - regardless of the size of the community.
2. Land Use Studies from cities around the United States were cited in both U.S. Supreme Court cases and clearly document the harmful secondary effects caused by SOBs such as those listed above. 
3. These harmful secondary effects the Court identified are:
   
   1. Increased Crime - rape, sexual assault, prostitution and illegal drug sales
   2. Decreased Property Values - both residential and commercial
   3. Urban Blight - people and businesses fleeing the community
4. Facts cited in three of the Land Use Studies:
   
   1. Indianapolis, Indiana: Crime increased 23% in the study areas containing SOBs versus study areas containing no SOBs. Sex related crimes were 4 times more common in residential study areas than commercial study areas with SOBs.
   2. Cleveland, Ohio:In one study tract with 5 SOBs and 730 people, there were 136 robberies.  In the city's largest tract (13,587 people and no SOBs) there were only 14 robberies. Of the three tracts with the highest incidence of rape, two had SOBs and the third bordered a tract with such businesses. In these three, there were 41 rapes - 14 per tract - nearly 7 times the city average of 2.4 rapes per census tract.
   3. Phoenix, Arizona:On average, sex offenses were 506% greater and property crimes were 43% greater in neighborhoods where SOBs were located as opposed to neighborhoods containing no SOBs.
5. This means that legislative bodies – states, villages, cities, townships, counties - not only have the right but have the dutyto protect its citizens from these harmful secondary effects.
6. Such legislative protection can be passed in the form of state regulations, zoning ordinances, licensing procedures, permit requirements and operational regulations. All these legislative tools are needed to make it extremely unattractive for SOBs to open in a community. 

4. Public officials can pass legislation, but do citizens, landowners and businesses HAVE RIGHTS and what can they do?

a.  The U.S. Supreme Court has stated that SOBs have to fend for themselves in the "public market place" like any other business when attempting to buy or lease property. The courts have stated that citizens DO NOT have to sell or lease to an SOB just because their property is zoned for adult use.

b.  After zoning legislation has been passed by elected officials and has become law, land owners in the area zoned for an SOB have the right to place a DEED RESTRICTION on their property stating that their property could NEVERbe used for such use.

c.  Businesses that are in the zoned areas where an SOB could open have the right to RE-NEGOTIATE THEIR LEASE AGREEMENTS with their landlord stating that their contract will be null and void if an SOB opens on their business property.