Josephine County Judge Gerald Neufeld has ruled that a highly questionable county adult zoning law is unconstitutional, the Associated Press reported.
The law dates to 1994, when a charter amendment banned adult entertainment within two miles of schools, churches, community buildings, public parks as well as other sites. The amendment also required that adult businesses post a $10 million bond.
Judge Neufeld said the bond requirement is in conflict with state law, the Oregon Constitution and the First Amendment of the U.S. Constitution because it “suppresses what is clearly free expression.” He also said the two-mile setback was “overbroad and vague.”
The law was challenged by Larry and Tyson Lacey, who sought to open an exotic dance club.
“I’m pleased! Thrilled!" Larry Lacey told AP. “It took all this time and money to show what everybody already knew.”
Josephine County commissioners said they were disappointed.
