Warren is running into something that has plagued businesses dealing in sex for decades. Local governments — and the officials elected to govern them — don’t want these businesses around, according to Judith Hanna, a professor at the University of Maryland.
Hanna has testified as an expert witness in more than 150 court cases involving sexually oriented businesses. She even wrote a book about her experiences…
The majority of the cases she testified for involve strip clubs, which Supreme Court rulings protect because of First Amendment rights…
Menelaos Triantafillou, a professor at the University of Cincinnati who teaches courses in planning and urban design, explains: “The only thing you can regulate is not the use itself,” he said, “but the specific location.”
Local governments typically allow these businesses to exist in industrial areas. Restrictions are placed on how close they can be to other establishments such as schools and day cares.
In the particular case discussed in this article, the community is working hard to make a swingers club go away. But, it sounds like they are making it up as they go to appease voters as several local officials have privately supported the new business.
Perhaps an alternative strategy is in order. Zoning is a big deal in suburbs as they get to keep uses that limit endanger property values or a high quality of life away from single-family homes. But, zoning can only do so much. Yet, communities can make it clear that certain businesses are not welcome. While suburbs often welcome new businesses (they provide jobs, property tax revenue, perhaps sales tax revenue), couldn’t they also make it hard for the new business to make money? I’m thinking bad publicity, protests, no invitations to the local chamber of commerce and local events.