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''Los Angeles v. Alameda Books, Inc.'', , was a United States Supreme Court case on the controversial issue of adult bookstore zoning in the city of Los Angeles. Zoning laws dictated that no adult bookstores could be within five hundred feet of a public park, or religious establishment, or within 1000 feet of another adult establishment. However, Alameda Books, Inc. and Highland Books, Inc. were two adult stores that operated under one roof. They sued Los Angeles, stating the ordinance violated the first amendment. The district court concurred with the stores, stating that the 1977 study stating there was a higher crime rate in areas with adult stores, which the law was based upon, did not support a reasonable belief that multiple-use adult establishments produce the secondary effects the city asserted as content-neutral justifications for its restrictions on adult stores. The Court of Appeals upheld this verdict, and found that even if the ordinance were content neutral, the city failed to present evidence upon which it could reasonably rely to demonstrate that its regulation of multiple-use establishments was designed to serve its substantial interest in reducing crime. However, the Supreme Court ruled in favor of the city. This reversed the decision of the lower court. This case was argued on December 4, 2001; certiorari was granted on March 5, 2001. "City of Los Angeles v. Alameda Books, 00-799, didn't involve the kind of adult material that can be regulated by the government, but rather the extent to which cities can ban "one-stop shopping" sex-related businesses." ==Background== In 1977, the city of Los Angeles conducted a study regarding the effects of high concentrations of adult stores. At that time 26 adult bookstores and 21 adult movie theatres flourished in the Hollywood area alone. Downtown L.A. had 23 stores within a 3 block radius. Other businesses began to flee the area and property values plummeted, though Justice Souter noted that the study conducted by the city "found no certain correlation between the location of those establishments and depressed property values". Passersby were subject to sexually explicit material through advertisements for these businesses. Drug transactions were also prevalent in these areas, and the narcotics trade gave way to a 16 percent increase in part 1 crime in the Hollywood area, while there was a 5 percent decrease city-wide . Such crimes include, murder, rape, aggravated assault, robbery, burglary, larceny, and vehicle theft. There was also a 45 percent increase in part 2 crimes in Hollywood which includes, other assaults, forgery, counterfeiting, embezzlement, fraud, stolen property, prostitution, narcotics, liquor violations, gambling, and other miscellaneous misdemeanors . Meanwhile, there was a 3 percent decrease citywide. "(City ) concluded that concentrations of adult businesses are associated with higher rates of prostitution, robbery, assaults, and thefts in surrounding communities. Accordingly, the city enacted an ordinance prohibiting the establishment, substantial enlargement, or transfer of ownership of an adult arcade, bookstore, cabaret, motel, theater, or massage parlor or a place for sexual encounters within 1,000 feet of another such enterprise or within 500 feet of any religious institution, school, or public park. (the city realized that its method of calculating distances created a loophole permitting the concentration of multiple adult enterprises in a single structure. )" In response, Los Angeles enacted 12.70(C), the zoning law which dealt with the problem.〔(Harmful Effects of Pornography: Los Angeles Case Study )〕 "The issue is whether, in such a case, the City Council can rely on the fact that the Fourth Circuit examined and upheld a state law almost identical to the Los Angeles ordinance, or whether a study or other evidence is required demonstrating that a combination adult bookstore/arcade standing alone produces harmful secondary effects. An amicus brief, which brought to the Court's attention the broadening scope of adult business zoning so that mainstream businesses are often regulated, was filed in August 2001 on behalf of the American Booksellers Foundation for Free Expression, Feminists for Free Expression, the Freedom to Read Foundation, the International Periodical Distributors Association, the Publishers Marketing Association and the Video Software Dealers Association."〔()〕 "The two plaintiffs operated their adult businesses from the same location. Both sold adult print media and operated an "adult arcade." In 1995, after a city inspector informed both parties that they were violating the ordinance, they sued, claiming that enforcing the ordinance would violate their First Amendment rights." 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「City of Los Angeles v. Alameda Books, Inc.」の詳細全文を読む スポンサード リンク
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