Removing suburban strip clubs using zoning, eminent domain, and lawsuits

The typical suburb doesn’t welcome strip clubs but it can be difficult to remove them:

Kane County Board members voted — twice — to say that’s exactly what they don’t want. Those votes spawned a $16 million lawsuit by the pending new owners of the club. The outcome may determine the future of the strip club or any adult businesses in the county. As others have discovered, limiting an industry protected by the Constitution but rife with criminals, violence and deep pockets can be a long, costly road…

Neighboring DuPage County found Diamonds wasn’t its best friend when strip club owners became interested in an industrial area near the DuPage County Airport in 1999. Before the county even ruled on the zoning use, the would-be owners of the club, Palmetto Properties Inc., sued the county for creating unconstitutional restrictions…

After three years of research, the county crafted a legal defense for buffers by citing fears about strip clubs fueling crime and killing property values and development. The county also shrank the buffer between strip clubs and inaccessible sections of forest preserves, allowing Diamonds to open…

Having robust development has also limited where strip clubs can operate. Every commercial development and residential rooftop pushes areas for strip clubs farther out…

Neither did Bedford Park, a South suburban community of about 600 people, when it tried to block Diaz from opening a strip club within its borders. After more than six years in courtrooms, and about $400,000 in legal fees, the new Ocean Gentlemen’s Club opens this fall.

An interesting back and forth between businesses and suburban communities. A few quick thoughts:

1. If this was left to a referendum for voters, how many strip clubs would be approved? For those who approve of property rights (a topic that often comes up with teardowns), how many would also vote for strip clubs (and be consistent in their support of property owners)?

2. One note from the article on how to effectively word local regulations: “The court found the law did not infringe upon free speech because it did not ban adult expression, a key factor in successfully worded zoning laws restricting adult businesses across the country.” Thus, communities have to be very careful in order not to leave loopholes.

3. For clubs that already exist, it sounds like the most effective way to remove them is to find evidence of criminal or illegal activity.

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