Constitionality of Zoning Ordinances essays

Constitionality of Zoning Ordinances essays Testing the Constitutionality of Zoning and Character Ordinances for Nude Dancing The art of dance has been an avenue of free expression in cultures worldwide since human kind first set foot upon the earth, and the culture of the United States is no exception. However, when the clothes come off and the dancing takes on an exotic nature, the constitutional protection of the art form is often called into question. In Santa Barbara, a two-part ordinance involving the location and character of such establishments has brought to the forefront a fierce new first amendment debate. John Meinzer, owner of The Pink Flamingo nude dancing parlor, has brought before this court an objection to this ordinance, claiming that it discriminates against the content of the message he and his dancers are trying to convey. After reviewing the facts, precedent, and all other evidence, I argue that both parts of this ordinance fall under the rights of the city under first amendment review to perform its duty in protecting the welfare of its community. Under this new ordinance, adult entertainment would be permitted, but only in areas zoned for commercial and industrial uses. No adult entertainment businesses could be allowed within 500 feet of any residential area. They could be no closer than 700 feet from any house of worship, school, park or beach, and would have to be at least 1000 feet from each other. In this case, the amount of distances being specified are not the significant concern. Rather, the very existence of a restriction comes into question. In Renton v. Playtime Theatres, Inc. (1986), The Supreme Court ruled in favor of a similar ordinance, which stated that no adult motion picture theatre could be located within 1,000 feet of any residential zone, single or multiple family dwelling, church, park or school. Because the ordinance does not ban the content of adult entertainment, it is properly recognized as a "...