Tennessee Public Acts of 104th Legislature, Regular Session(2006)
HB 3043, CHAPTER 943
AN ACT to amend Tennessee Code Annotated, Title 7, Chapter 51, Part 11, relative to Adult-Oriented Establishment Registration Act of 1998".
WHEREAS, the Legislature enacted the "Adult-Oriented Establishment Registration Act of 1998," as set forth in its Preamble and Legislative History, as a reasonable time, place and manner regulation to attempt to address some recognized deleterious secondary effects on the community commonly associated with adult-oriented establishments, including but not limited to an increase in crime, the spread of sexually-transmitted diseases, the downgrading of property values, and other public health, safety, and welfare issues; and
WHEREAS, it is the intent of this legislature to regulate adult-oriented establishments, operators, employees, entertainers, and escorts in a constitutionally permissible manner to attempt to address these deleterious secondary effects; and
WHEREAS, most provisions of the Adult-Oriented Establishment Registration Act of 1998 have been upheld by state and federal courts as constitutionally permissible regulations of adult-oriented establishments, operators, employees, entertainers, and escorts that are reasonable attempts to address these deleterious secondary effects, (including specifically in judicial findings in American Show Bar Series, Inc. v. Sullivan County, 30 S.W.3d 324 (Tenn.
App. 2000), perm. app. denied; Odle, d/b/a Sports Club, Inc. v. Decatur County, No. 02-1278 (W. D. Tenn., Oct. 14, 2003)(United States District Court Chief Judge Todd), aff'm in pertinent part, 421 F.3d 386 (6th Cir. 2005); and
(companion cases) Paul Friedman, et al v. Giles County Adult-Oriented Establishment Board, et al, No. 1-00-0065 (M. D. Tenn., September 29, 2005)(United States District Judge Higgins) and Angela Kaye Belew, et al v. Giles County AdultOriented Establishment Board, et al, No. 1-01-0139 (M. D. Tenn., September 29, 2005) (United States District Judge Higgins)(limited injunctive relief ordered)); and
WHEREAS, it is the intent of the general assembly to address some concerns related to the above referenced federal court litigation in the Middle District of Tennessee regarding the validity, scope, meaning, and effect of certain sections, clauses, or provisions of the AdultOriented Establishment Registration Act of 1998;
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
