DUBUQUE, Iowa – Mayor Roy Buol issued a statement in the Dubuque Telegraph Herald on Sunday, vowing that he and the city council will do everything legally possible to limit adult business in Dubuque. The statement was signed by the other six members of the Dubuque council.
“The purpose of this letter is to help our citizens understand why the law allows the business owners/operators to open such an establishment on leased property within our city limits,” wrote Buol.
“First, your City Council fully and emphatically agrees that adult entertainment establishments are not consistent with our vision for a progressive, sustainable community…Unfortunately, this is one of those situations where the city of Dubuque is limited, as are all municipalities, in its ability to regulate adult entertainment-type businesses. The First Amendment of our Constitution prevents limitations on a person's (or business') right to free speech. In numerous decisions, the Supreme Court has ruled that adult entertainment is protected by the First Amendment.”
Buol detailed the restrictions that city has in place for adult businesses, including restricting them to industrial and commercial districts as well as not allowing them to locate within 1,200 feet of any residential district or institutional district and 1,200 feet of any school.
Additionally, adult businesses may not be located within 500 feet of each other in Dubuque. “The city is currently exploring the feasibility of increasing this distance and has established a moratorium on additional establishments until that is determined,” wrote Buol wrote in the Telegraph Herald.
On Friday, after a new strip club made plans to open in Dubuque, the city council unanimously put a seven month moratorium on any future adult entertainment businesses.
“We acknowledge the constitutional right for this type of business to operate here. However, the City Council intends to take action to minimize, to the extent legally permissible, the secondary effects of this type of business on the Dubuque community.”
Buol (pictured) has been mayor since January 2006.
