Benton County Battles Nude Dancing and WinsSo Far
Rice, a small town in central Minnesotas Benton County, had made plans to make the city more family-friendly and rid it of a sex-oriented business but things suddenly turned sour.
The citys only sex-oriented business was scheduled to be closed this year
until Randy Tigue, a Minneapolis lawyer who specializes in these types of cases, came
calling.
Tigue is well-known for fighting Minnesota communities that want to reduce the blight of sex-oriented businesses from their midst. Rice is not the only city where he is active. Tigue has ongoing lawsuits in Cannon Falls and Coats, Minnesota.
Three years ago Benton County passed a popular ordinance that required sex-oriented businesses to be located at least 500 feet from residential neighborhoods. Kings Inn, a nude dancing establishment, was out of compliance with the new law, because it was within 500 feet of family homes. The county gave Kings Inn three years to either relocate or stop nude dancing at the restaurant.
When the three year grace period drew to a close, Kings Inn hired Tigue. At a recent hearing on the issue, Tigue argued it would be difficult to remove nude dancing from the establishment. Neighbors attending the meeting said Tigue argued it would be an economic hardship for the club.
Neighbors believe the Kings Inn never intended to remove the nude dancing, but instead planned to challenge the law in court after the grace period expired. As evidence for their theory, neighbors cite a recent purchase of an expensive new sign for the club.
The Kings Inn asked the county for an extension on the grace period, but it was widely believed that Tigue just wanted more time to prepare a lawsuit against the county. In his arguments, Tigue gave Benton County officials a stack of legal documents. The county presumed these were preparations for a legal battle.
Neighbors living near the Kings Inn contacted the Minnesota Family Council. MFC worked with them and put them in touch with a national attorney who frequently deals with these types of cases.
The Benton County Board of Adjustments met Sept. 17 to decide if a time extension would be allowed. With renewed confidence, neighbors crowded the room and voiced their opinions. The Board ruled in favor of the community, despite the threat of a lawsuit from Tigue, and did not grant an extension on the grace period.
Tom Prichard, president of the Minnesota Family Council, explained that many Minnesota communities are dealing with this same problem. "Recently, we have become more involved in helping communities deal with sex-oriented businesses."
Prichard also noted that nude-dancing and other sex-oriented businesses cannot be eliminated entirely from communities since the U.S. Supreme Court has ruled they are free speech. "Although they cant be eliminated, there are many things communities can do to protect themselves from the harmful impact of these businesses," explained Prichard.
For instance, in many communities zoning laws have been used effectively to keep this type of business away from neighborhoods and regulate its impact on the community. New York City, for example, has been largely successful in removing sex-oriented businesses from Times Square. "Most communities dont realize what they can do. They just need to be informed," concluded Prichard.
The fight in Benton County is not over, but community members are celebrating the victory of their first battle. The county attorney is expected to bring in top legal attorneys to fight the anticipated lawsuit.
In related stories:
A St. Paul law which restricts the establishment of sex-oriented book and video stores is being challenged in court by six store owners who say the law is unconstitutional.
In a lawsuit filed in September in Ramsey County District Court, the pornography vendors say that new restrictions are unconstitutional and were passed improperly. The ordinance was amended in 1995, but store owners were given until September to come into compliance. The law requires pornography merchants to locate away from certain areas (residences, schools, etc.) or to reduce their "adult" stock to 150 square feet or 15 percent of their total stock, whichever is less.
City officials are not enforcing the new law until the court challenge is resolved.
A new sex-oriented business opened in Minneapolis Oct. 2, leading Prichard to call for the city to tighten its zoning ordinance which regulates such businesses.
"The opening of another sex-oriented business in Minneapolis highlights the need to clean up this blight in the community," said Prichard. "The zoning ordinances need to be tightened. Evidence shows that the presence of sex-oriented businesses leads to an increase in crime, particularly prostitution, drugs and sexual assaults, and to decreased property values in a community. Our hope is that the Minneapolis City Council will tighten its zoning ordinances and thus serve as an example for other communities in the state."
Minnesota Family Council / Minnesota Family Institute
2855 Anthony Lane South, Minneapolis MN, 55418-3265
phone 612.789.8811, fax 612.789.8858, www.mfc.org