Tennessee Public Acts of 105th Legislature, Regular Session(2007)
SB 1263, Chapter 541
AN ACT to amend Tennessee Code Annotated, Title 7, Chapter 51, Part 14, relative to adult oriented businesses.
WHEREAS, the general assembly finds that adult-oriented establishments, as a category of establishments, have deleterious secondary effects and are often associated with illicit sexual activities, crime, and adverse effects on surrounding properties; and
WHEREAS, the general assembly desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from crime; preserve the quality of life; preserve the character of neighborhoods and deter the spread of urban blight; and
WHEREAS, it is not the intent of this act to suppress any speech activities protected by the United States or Tennessee Constitutions, but to enact legislation to further content-neutral governmental interests, to wit, the controlling of secondary effects of adult-oriented/sexually-oriented establishments; and
WHEREAS, based on the findings and evidentiary foundation concerning secondary effects presented in hearings and in reports made available to the general assembly, and in the cases of City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue; 409 U.S.
109 (1972); Deja Vu of Nashville, Inc. v. Metro. Gov't of Nashville and Davidson County, 466 F.3d 391 (6th Cir. 2006); Jakes, Ltd., Inc. v. City of Coates, 284 F.3d 884 (8th Cir.
2002); 729, Inc. v. Kenton County, 2006 WL 2842884 (E.D. Ky. 2006); Deja Vu of Cincinnati, L.L.C. v. Union Twp. Bd. of Trs., 411 F.3d 777 (6th Cir. 2005) (en banc);
Fantasy Ranch, Inc. v. City of Arlington, 459 F.3d 546 (5th Cir. 2006); City of Chicago v.
Pooh Bah Enterprises, Inc., 2006 WL 2827608 (III. 2006); Sensations, Inc. v. City of Grand Rapids, 2006 WL 2504388 (W.D. Mich. 2006); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); Andy's Restaurant & Lounge, Inc. v. City of Gary, 466 F.3d 550 (7th Cir. 2006); 181 South, Inc. v. Fischer, 454 F.3d 228 (3rd Cir. 2006);
Silver Video USA, Inc. v. Summers, 2006 WL 3114220 (Tenn. Ct. App. 2006); H and A Land Corp. v. City of Kennedale, 2007 WL...
