CYPRESS : Zoning Law for Adult Businesses Extended

The City Council has extended for 10 1/2 months its temporary ordinance on zoning for adult businesses such as X-rated theaters and bookstores.

The temporary law will allow the city time to complete a study for a permanent ordinance.

The U.S. Supreme Court has held that cities may restrict adult businesses but may not outlaw them. The high court said the Constitution’s First Amendment guarantee of freedom of speech protects such businesses.

On Monday night, the council members unanimously passed an ordinance that says the city is not intent on totally blocking adult businesses.

“The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials, that are protected by the First Amendment of the U.S. Constitution and the relevant provisions of the California State Constitution,” the council’s action stated.

The ordinance added: “The special regulation of adult-oriented businesses is necessary to ensure that their adverse secondary effects will not contribute to an increase in the crime rates or the blighting or downgrading of the areas in which they are located or surrounding areas.”

The interim law adopted by the council cites studies in other cities that have found dangerous situations when adult-oriented businesses are allowed to cluster in one location.

Cypress’ interim ordinance is designed “to prevent the concentration of adult-oriented businesses” and to regulate their nearness to such places as residences, schools and churches.