Can laws be passed to prohibit SOBs from coming into a community?
• 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. • 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? • 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. • Land Use Studies from cities around the United States
Related Questions
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- Are there any laws or regulations that prohibit patrons from bringing their infant into a bar while they are drinking?
- Does state firearms law prohibit the adoption of stricter laws by cities?
