Discuss the relationship between zoning, exotic dancing and the O'Brien test
What will be an ideal response?
As above, municipalities may use their "police power" to regulate the potentially negative aspects of the secondary effects or impacts of adult dancing and live performances. A four part-test (i.e., "four factors") was established in United States v. O'Brien (1968) which assist in determining whether zoning regulations for adult businesses violate the First Amendment principles of freedom of speech or expression. In determining the constitutional validity of an ordinance or zoning restrictions, courts must consider whether
1, The predominant purpose of the zoning is to suppress the sexually explicit speech itself, or rather, to eliminate the secondary effects of adult uses;
2, The zoning regulation furthers a substantial governmental interest;
3, The zoning regulation is narrowly tailored to affect only those uses which produced the unwanted secondary effects; and
4, The zoning regulations leave open reasonable alternative locations for adult uses.
You might also like to view...
Use the information in Table 10.8 to answer this question. Which job retains the same position in both an EDD and an SPT sequence?
A) A B) B C) C D) G
As an industry matures while overcoming fragmentation and becomes dominated by a small number of large companies, it tends to become a(n)
A) united industry. B) fragmented industry. C) consolidated industry. D) isolated industry. E) integrated industry.