Citizens for Community Values
Home | About Us | Make a Donation | Contact Us 

Sexually Oriented Businesses

1. What is a sexually oriented business (SOB)?

    a. Definition:  A sexually oriented business is one that has:

    1. "as one of its principal business purposes" [FW/PBS v. City of Dallas], or
    2. its "primary purpose" is [Renton v. Playtime, Inc.], or
    3. has "a substantial or significant portion" of its business stock in trade or activities relating to "specified anatomical areas" or specified sexual activities" [Young v. American Mini Theatre]

    b.  Types of SOBs:

    1. Adult arcade
    2. Adult book, novelty or video stores
    3. Adult cabaret, night club, gentlemen's club, go-go club or strip bar
    4. Adult motel or adult hotel
    5. Adult motion picture theaters or adult theater
    6. Escort or escort agencies
    7. Massage parlor
    8. Nude model studio
    9. Sexual encounter center

2. Can laws be passed to prohibit SOBs from coming into a community?

  1. 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.
  2. 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?

  1. 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.
  2. Land Use Studies from cities around the United States were cited in both U.S. Supreme Court cases and clearly document the harmful secondary effects caused by SOBs such as those listed above. 
  3. These harmful secondary effects the Court identified are:
    1. Increased Crime - rape, sexual assault, prostitution and illegal drug sales
    2. Decreased Property Values - both residential and commercial
    3. Urban Blight - people and businesses fleeing the community
  4. Facts cited in three of the Land Use Studies or download the summaries of 32 studies.
    1. Indianapolis, Indiana: Crime increased 23% in the study areas containing SOBs versus study areas containing no SOBs. Sex related crimes were 4 times more common in residential study areas than commercial study areas with SOBs.
    2. Cleveland, Ohio: In one study tract with 5 SOBs and 730 people, there were 136 robberies.  In the city's largest tract (13,587 people and no SOBs) there were only 14 robberies. Of the three tracts with the highest incidence of rape, two had SOBs and the third bordered a tract with such businesses. In these three, there were 41 rapes - 14 per tract - nearly 7 times the city average of 2.4 rapes per census tract.
    3. Phoenix, Arizona: On average, sex offenses were 506% greater and property crimes were 43% greater in neighborhoods where SOBs were located as opposed to neighborhoods containing no SOBs.
    4. Click here for a more comprehensive list of key court cases, land use studies, and testimonies
  5. This means that legislative bodies - villages, cities, townships, counties - not only have the right but have the duty to protect its citizens from these harmful secondary effects.
  6. Such legislative protection can be passed in the form of zoning ordinances, licensing procedures, permit requirements and operational regulations. Download a sample SOB ordinance and a sample public nudity ordinance.
  7. All these legislative tools are needed to make it extremely unattractive for SOBs to open in a community. 

4. Are there "experts" that can assist a legislative body in drafting its SOB legislation?

     a. Yes. There are private practice attorneys and non-profit organizations who specialize in this area of law who have been working very effectively with communities around the United States on legislative efforts.

    b. These organizations have compiled vast amounts of current court precedents, model zoning ordinances, regulations, licensing, etc., all of which have been upheld by Federal Courts, U.S. Appeals Courts and the U.S. Supreme Court.

    c. Complete land use studies, training manuals and videos are available for attorneys, administrators, zoning and planning personnel to utilize in drafting legislation.

5. How can they be reached?

6. Public officials can pass legislation, but do citizens, landowners and businesses HAVE RIGHTS and what can they do?

    a.  The U.S. Supreme Court has stated that SOBs have to fend for themselves in the "public market place" like any other business when attempting to buy or lease property. The courts have stated that citizens DO NOT have to sell or lease to an SOB just because their property is zoned for adult use.

    b.  After zoning legislation has been passed by elected officials and has become law, land owners in the area zoned for an SOB have the right to place a DEED RESTRICTION on their property stating that their property could NEVER be used for such use.

    c.  Businesses that are in the zoned areas where an SOB could open have the right to RE-NEGOTIATE THEIR LEASE AGREEMENTS with their landlord stating that their contract will be null and void if an SOB opens on their business property.

    d. Sample FORM OF RESTRICTIVE COVENANT FOR DEED OR LEASE:

    OWNER/LESSEE, for the benefit of his/her/its respective heirs, legal representatives, successors and assigns, and each and every person, firm or corporation hereinafter owning and/or leasing any portion of the real estate does hereby declare, create and establish the following restrictive covenant with respect to the real estate:

      No one shall operate, establish, carry on, permit or cause or suffer to be erected, operated or carried on in any manner or any part of the real estate the following ("Prohibited Uses"):

      Sexually Oriented Businesses, as that term is described in Chapter _____ of the Code of Ordinances of the City of _________ including, without limitation, (i) adult arcade, adult bookstore, adult cabaret, adult motel and/or any combination of classifications set forth in those paragraphs; (ii) sexually oriented escort service, as that term is defined in Chapter _______ of the Code of Ordinances of the City of __________.

      This Restrictive Covenant against Prohibited Uses shall constitute a real property covenant running with the land, binding upon the heirs, legal representatives, successors and assigns of the undersigned.

Legal Action:

1. Survey your community to determine if any SOBs exist, identifying what type of business it is and what types of services and/or materials they offer, such as nude dancing, sexually explicit magazines, books, or videos, private viewing booths, escort or prostitution services, etc. It is highly recommended that you do not enter these establishments. It's possible that your local police or law enforcement agency already knows the details and will assist you with your research. If you have no option than to personally assess the business, two women should volunteer to go in together and quickly make note of the activities and materials and then leave without incidence. 

2. If you suspect that any business activities are potentially illegal, e.g. distribution of obscenity or prostitution, you should ask your local law enforcement officials to conduct an official investigation and report back to you with the results. There is no way to determine the legality of the business in question unless they go into the establishment. If the report is clearly unsatisfactory, make a respectful appeal to their authority, i.e. the police chief or city council.

3. Attend council meetings and/or call and write your elected officials to educate them about the problems associated with unregulated SOBs, their harmful secondary effects. Encourage them to pass the strongest, most restrictive legislation dealing with SOBs to protect the children, women and families of your community. 

4. Educate neighbors, friends, co-workers, relatives, businesses and land owners in your community about the harms SOBs cause and what can be done legally and through citizen action to protect your community.

     a.  Unless your community has zoning, licensing and regulations in place, you are NOT PROTECTED and a strip club could open up ANYWHERE in your community where businesses can locate - next to your child's school, your church or public park.

     b.  SOB legislation DOES NOT legitimize sexually oriented businesses!  The Supreme Court has already stated they have the right to exist.

    c. SOBs prey upon unsuspecting towns, cities, townships and counties that don't have SOB legislation in place in order to open their "sex-for-sale" establishments.

5. Have your elected officials contact the expert attorneys above to aid and assist with your community's legislation AND to obtain resource materials. This is a highly specialized area of law and it is very easy for a city council, city attorney, or planning and zoning director to misstep regarding current case law. Once that happens, SOBs can sue the city and be awarded monetary damages. That's your tax dollars at work! It's a waste and unnecessary.

Citizen Action:

1. Encourage businesses and property owners in the zoned areas for SOBs to place deed restrictions on their property or to re-negotiate their lease agreement with the land owner stating their lease is only valid and enforceable as long as SOBs do not come into their business complex.

2.  Mail CCV a copy of your actions, responses from public officials, land and business owners actions so that CCV can compile this information to aid in networking to raise community standards for your community concerning SOBs.

3.  Related pages on our website:

     A View from the Inside of Stripbars

     How You Can Help Strippers Leave the Industry