High Court upholds right of local communities to regulate strip clubs; Ruling has far-reaching implications Check List for Citizens Available Cincinnati, OH – The Cincinnati-based Citizens for Community Values is praising the U.S. Supreme Court for refusing to reconsider a case involving the right of localities to restrict sexually-oriented businesses. Ending a six-year legal battle, the U.S. Supreme Court on Monday, January 9, 2006, refused to review the 6th Circuit’s earlier decision and has upheld the right of Union Township, in Clermont County, Ohio to enforce an ordinance that regulates “adult cabarets” operating in the township. Long ago – 1986 to be exact – the U.S. Supreme Court ruled (City of Renton v. Playtime Theaters, Inc.) that states and their political subdivisions have a right to zone, license and regulate sexually oriented businesses to protect their citizens from the adverse secondary effects associated with such businesses. The adverse effects noted in the case were things such as increased crime, decreased property values, and urban blight. But in 1999, Déjà Vu, a strip club located in the heart of Union Township, sued the Board of Trustees of Union Township claiming that their ordinance violated Déjà Vu’s First Amendment rights of free expression. Specifically, what the Union Township ordinance did was require sex businesses like Déjà Vu to close no later than midnight in order to deter drinking, prostitution and related problems. It also required such clubs to apply for a license and to provide names, dates of birth and job descriptions for all employees. A license could be denied if there were public health concerns or if an employee was a convicted sex offender. In a 7-5 decision, the 6th Circuit Court ruled that the township’s ordinance was not overly restrictive and did not violate Déjà Vu’s First Amendment rights. Said CCV’s president Phil Burress, “This is a huge victory, with national implications.” Burress explained that the ruling would be welcomed by townships and municipalities across the nation that are involved in similar court battles or that are contemplating ordinances to reign in unregulated sexually oriented businesses. “Communities have been waiting for a decision that would define just how far they could go in regulating adult businesses,” Burress said. Burress also praised Union Township Administrator Ken Geis for his persistence during the six-year battle and for his genuine concern for the well being of the citizens whom he serves. Ohio close to having statewide regulations Barry Sheets, CCV’s Director of Governmental Affairs, said that the Union Township decision adds momentum to CCV’s efforts to pass House Bill 23, known as the Community Defense Act (CDA), during this session of the Ohio legislature. CDA, which is CCV’s top statewide legislative priority, would regulate various aspects of the operation of sexually oriented businesses on a statewide basis. Hours of operation and distance between performers and patrons are two key elements of the bill, which passed the House by a 92-5 majority on April 27, 2005, and has been assigned to committee in the Senate. “The Union Township decision,” said Sheets, “pretty well guarantees that CDA will stand up to any court challenges.” He encourages concerned citizens to contact their Ohio State Senator to find out his/her position on this legislation. Contact information for all state and federal officials can be accessed by clicking on Project VoteSmart icon in the margin of this e-mail. What can you do about sexually oriented businesses? For further information on what communities can do to protect themselves from the negative effects of sexually oriented businesses, go to http://www.ccv.org/What_is_a_Sexually_Oriented_Business.htm This web page contains (1) summaries of numerous land use studies documenting these negative effects, (2) a sample sexually oriented business ordinance and (3) public nudity ordinance, (4) a list of legal organizations and attorneys who can assist with writing and defending legislation, and (5) a sample lease/deed restriction citizens can use to prohibit sexually oriented businesses from operating in their community. This news item is provided courtesy of Citizens for Community Values – Copyright, 2006. All rights reserved.