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Sunday, November 13, 2005
Ind. Law - Chesterton considers ordinance regulating sexually-oriented businesses
"Chesterton Town Council to consider ordinance regulating sexually-oriented businesses" was the headline of this story last week by Kevin Nevers in my hometowm paper, the Chesterton Tribune. Some quotes:
It’s not enough apparently, when it comes to the regulation of sexually oriented businesses, to say I know one when I see it. Such businesses need to be defined.Efforts to regulate adult businesses -- video stores, bookstores -- have resulted in a slew of litigation. For examples, type "adult business" in the search box. Particularly check this entry from 9/27/05And the ordinance which the Chesterton Town Council will consider at its next meeting, 7 p.m. Monday, is chockfull of definitions.
Of the document’s 11 pages, only two are actually devoted to the matter of regulation. More than six pages, on the other hand, are devoted to the thorny issue of what exactly would be regulated.
The ordinance would do the following: restrict all sexually-oriented businesses to a special S-1 district. [Etc.] * * *
Sexually-oriented businesses would be prohibited from displaying material related to “specified sexual activities” in windows or to public view; would be prohibited from posting signage containing anything more than the legal name and address of the establishment; and would be permitted only two wall signs with a total of not more than 40 square feet of surface area and a freestanding sign of not more than 40 square feet of surface area; and would be prohibited from illuminating signs by means of exposed neon or exterior lighting or flashing or animated lights.
Violators of the ordinance would be liable to a maximum fine of $2,500 per day.
The question remains, though: what constitutes a “sexually-oriented business”?
The ordinance lists—and then defines—11 of them: “adult arcade”; “adult bookstore,” “adult novelty shop,” or “adult video store”; “adult cabaret”; “adult motel”; “adult motion picture theater”; “adult theater”; “escort”; “escort agency”; “massage parlor”; “nude model studio”; and “sexual encounter establishment.”
But these 11 definitions depend in turn on a whole set of other definitions:
•Of “lewd matter.”
•Of “specified sexual activities.”
•Of “motion picture film.”
•Of “nudity” and “state of nudity.”
•Of “semi-nude” and “semi-nudity.”
•And of “specified anatomical areas.”
Boilerplate these definitions may be, but they are detailed and would appear to be comprehensive, inclusive as they are of acts “normal or perverted, actual or simulated”; of various bodily functions, physiological processes, and anatomical features; and of various “stages of dress and undress.” * * *
“Nothing herein”—of course—“is intended to include or proscribe any matter which, when considered as a whole and in the context in which it is used, possesses serious literary, artistic, political, or scientific value.”
Associate Town Attorney Chuck Parkinson did tell the Chesterton Tribune today that this ordinance would be enforceable against any existing businesses in town which, in one way or another, fall under its definitions. “I think we would give people a reasonable amount of time to come into compliance,” he said, “like a 60- or 90-day period.”
The Plan Commission voted unanimously at its October meeting to endorse the proposed ordinance. At a public hearing which preceded that vote, no one spoke in favor of the ordinance or in opposition to it.
Posted by Marcia Oddi on November 13, 2005 10:34 AM
Posted to Indiana Law