City officials considering ways to regulate adult businesses after a controversy involving an adult store’s proposed 20-foot high sign along a major highway.
Officials had opposed a proposed sign advertising the “Imagine That” adult store along Highway 101. Planning Commission members argued that the sign was inappropriate for an adult business, according to the Lincoln City News Guard. Store owners are appealing that decision.
But Planning and Community Development Director Richard Townsend told the City council on Tuesday that a “chronic nuisance ordinance” is needed to close down adult businesses in the community.
Townsend said that because the Oregon Supreme Court has repeatedly sided with adult businesses on the grounds of freedom of expression, that such a “chronic nuisance” measure would have a better chance of overcoming legal challenges and passing muster with the state high court.
Townsend said such a measure would allow the city to shut down an adult business if it can show that a certain number of negative effects on the community can be attributed to such a business or its patrons.
Townsend provided council members with a draft of a proposed measure that he said could withstand constitutional scrutiny. That draft would focus on unwanted effects and not on the business’ content or expression.
