City Council Considers Regulating Retailers

NORTH PLATTE, Neb. - Continuing a lengthy battle, North Platte's city council will meet this week to debate whether the city should regulate adult-oriented businesses. At issue are proposals to limit the neighborhoods in which sexually oriented businesses can set up shop, requiring a distance of at least 1,000 feet from schools, churches, parks, and other public places, with the measure's proponents claiming the rule will preserve property values. The council also plans to consider whether two adult businesses (which, by the measure's definition, includes cabarets, motels, and escort agencies alongside retailers) can be situated in close proximity.

Further complicating matters is the burgeoning growth of home-based novelty sales. It is unclear how the proposed regulations would affect those enterprises.

North Platte's council approved similar regulations last year, but their decision was vetoed by the city's mayor, who opted to consult with affected business owners before enforcing the new rules. After the council again passed the ordinance last fall, they chose to table the discussion at the behest of Tampa, Fla. civil rights attorney Luke Lirot.

Now, the American Civil Liberties Union (ACLU) is involved in the hubbub, calling the city council's position "untenable," and lingerie retailers have vowed to fight the ordinance in court.  

Lirot says, "Adult entertainment, differing from other forms of entertainment only in its ‘content,' is clearly protected by the First Amendment to the United States Constitution." He went on to state that the businesses in question have not been proven to have adverse affects on the surrounding neighborhood. "Surprisingly, results have been quite the contrary," he said.

Sources: North Platte Bulletin, North Platte Telegraph