Can a community zone a red light district?

Written by FreeAdvice Staff
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Communities may use zoning laws to restrict certain adult pastimes casually referred to as red light activities. Though commonly associated with Las Vegas or other cities selling enjoyment, red light districts have become a presence in major cities all across America. Local zoning law can effectively create a red light district by only permitting establishments offering adult entertainment to operate in a specific part of a city providing they do not infringe on the businesses' right to operate.

Many zoning laws prohibit or restrict - in some form - adult entertainment establishments in certain areas. Topless bars, peep shows, and sex-oriented book and video stores may be banned in residential neighborhoods or within a certain distance of educational institutions or churches. This type of zoning can effectively create a red light district by restricting adult entertainment to a certain geographical area. A zoning ordinance that creates a red light district is typically permissible providing it is not excessive or arbitrary, and does not unfairly restrict access to adult businesses that make it prohibitively difficult for them to operate.

If you have any questions about how zoning laws can limit adult entertainment by establishing red light districts where they can exclusively operate, work with a local attorney familiar with zoning. A city may limit where businesses can peddle adult themed goods and services, but not eliminate them or make it impossible for them to operate. The local zoning authority must be aware of the rights of adult businesses to operate when taking steps to isolate them from residential or educational districts.

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