The premise must be that businesseseven those that have always been under one roofwill for the most part disperse rather than shut down, that the quantity of speech will be substantially undiminished, and that total secondary effects will be significantly reduced. On the other hand, the reduction in secondary effects might be dramatic, because secondary effects may require a critical mass. As to whether there is sufficient evidence to support this proposition, the Court has consistently held that a city must have latitude to experiment, at least at the outset, and that very little evidence is required. Respondents' claim assumes that the 1977 study proves that all adult businesses, whether or not they are located near other adult businesses, generate crime. See, (d) Because these considerations seem well enough established in common experience and the Courts case law, the ordinance survives summary judgment. Additionally, both provide booths where patrons can view videocassettes for a fee. Respondents, two adult establishments that openly operate combined bookstores/video arcades in violation of §12.70(C), as amended, sued under Justice OConnor, joined by The Chief Justice, Justice Scalia, and Justice Thomas, concluded that Los Angeles may reasonably rely on its 1977 study to demonstrate that its present ban on multiple-use adult establishments serves its interest in reducing crime. The plurality's assumption that the city's "motive" in applying secondary-effects zoning can be entirely compartmentalized from the proffer of evidence required to justify the zoning scheme, In this case, two adult entertainment establishments operated an adult bookstore and adult video arcade each in the same building. It is easy to see why review of such a regulation may be relatively relaxed. The premise must be that businesses — even those that have always been under one roof — will for the most part disperse rather than shut down, that the quantity of speech will be substantially undiminished, and that total secondary effects will be significantly reduced. Limiting such effects qualifies as a substantial governmental interest, and an ordinance has been said to survive if it is shown to serve such ends without unreasonably limiting alternatives Regulation of commercial speech, which is like secondary-effects zoning in being subject to an intermediate level of Finally, the city does not assert an interest in curbing any secondary effects within the combined bookstore-arcades. This is a plausible reading of the results from the 1977 study, but respondents do not demonstrate that it is a compelled reading. After all, whether a statute is content neutral or content based is something that can be determined on the face of it; if the statute describes speech by content then it is content based. Rather, respondents explain, the prohibition on multiuse adult establishments is effectively a ban on adult video arcades because no such business exists independently of an adult bookstore. Los Angeles Municipal Code § 12.70(D) (1978). See The comparatively softer intermediate scrutiny is reserved for regulations justified by something other than content of the message, such as a straightforward restriction going only to the time, place, or manner of speech or other expression.
The challenge is to protect the activity inside while controlling side effects outside.Such an ordinance might, like a speech restriction, be "content based." 26475, City Council File No. I assume that the ordinance was constitutional when adopted, see, The city subsequently amended its ordinance to forbid clusters of such businesses at one address, as in a mall. The Los Angeles Municipal Code has a provision that prohibits running more than one adult entertainment business in the same building. There are no physical distinctions between the different operations within each establishment and each establishment has only one entrance. The city found no certain correlation between the location of those establishments and depressed property values, but it did find some correlation between areas of higher concentrations of such business and higher crime rates.
Each establishment occupies less than 3,000 square feet. Relevant for purposes of this case are also the ordinance's definitions of adult bookstores and arcades.
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