Wisconsin Town Drafts Preemptive Adult Ordinance

REEDSBURG, Wis. — The Reedsburg Ordinance Committee has decided to draft restrictions on any adult business proposals that might come their way, according to a recent report. Though there aren’t any adult businesses currently in Reedsburg and the committee has never received a proposal, group members like Reedsburg City Administrator, Lori Curtis Luther — likely concerned because of such businesses in nearby Wisconsin Dells and Portage — thought there was “a need to provide regulation for adult entertainment facilities.

“There aren’t any applications or requests in at this time,” Luther told Baraboo News Republic, “but we wanted to have something in the books.”

The ordinance, which places numerous restrictions on an assortment of adult business types, has not been put into effect yet, but committee members could finalize it as early as next month.

According to the News Republic, strip clubs would be the most affected by the proposed ordinance. Under the law, dancers would have to keep a six foot distance from patrons, and no touching between the two would be allowed; essentially banning lap dances. Fully nude dancing would be banned as well.

Adult establishments would need to remain 350 feet away from residential areas and 600 feet away from any schools. There are only three areas of town which fit this zoning criteria.

A prospective adult business owner would need to obtain a license to operate from the city before opening the doors, according to the News Republic. The licensing process involves fees and a background check. Any employee would need a special work permit.

“There's nothing saying you have to make the sites economically attractive,” City Attorney Jim Gerlach told the News Republic. "You can't legislate them out of the community. You don't want to judge anyone — you want to look at secondary effects."

The Reedsburg ordinance leans heavily on the so-called “secondary effects theory,” a controversial premise which contends that adult businesses can create effects that are unlawful and unhealthy. Data has been found to support and challenge the theory, as cities all over the United States engage in legal battles with adult businesses.

The board will also need to iron out its differences on how the new ordinance is worded. Some committee members, such as CareeAn Fuhlbohm, took issue with verbiage like, “promoting ... morals.”

“What you find acceptable and what I find acceptable are two different things,” Fuhlbohn told the News Republic.

A city may legally restrict adult establishments, but completely banning them is a violation of Constitutional rights.