Sex, But Not The City: Adult Entertainment Zoning, The First Amendment, And Residential And Rural Municipalities

Adult entertainment’s status as protected First Amendment speech has resulted in a confusing series of U.S. Supreme Court cases evaluating the zoning of adult businesses. Cases discussing the requirement that municipalities provide alternative avenues of communication for adult businesses have raised many questions as to how rural and residential municipalities may satisfy this obligation. This Note identifies three solutions that would help frame this inquiry. First, state or county legislative bodies should adopt countywide or statewide location restrictions on adult businesses. Second, courts should employ a regional analysis of the alternative avenues requirement when evaluating adult-entertainment zoning restrictions. Third, courts should undertake a supply-and-demand analysis when assessing what constitutes sufficient alternative avenues of communication, Adoption of these solutions would help to ensure that the First Amendment obligations of rural and residential municipalities reflect the unique burdens of such municipalities while maintaining appropriate protection for free speech.