|Legal Opinion: |
Text of Document: June 1, 1995
Enclosed is the following material on the regulation of adult
bookstores in Tennessee:
- The American Society of Planning Official's Regulating Sex Businesses. It
outlines the two general methods of regulating such businesses (concentration and
dispersion) and contains sample ordinances. Although it was published in 1977, it is
still surprisingly current.
- Davis-Kidd Booksellers v. McWherter, 866 S.W.2d 520 (1993),
which upheld most of the Tennessee's display statute, which restricted display of material
harmful to minors; State of Tennessee v. Rollins, 785 S.W.2d 129 (Tenn. Cr. App., 1989),
in which the Tennessee Court of Criminal Appeals upheld Tennessee's obscenity
statute at T.C.A. 39-6-1104 (particularly as it applied to employees of adult businesses);
Douglas Price, d/b/a/Video Review v. State of Tennessee, et al., 806 S.W.2d 179 (1991)
in which the Tennessee Supreme Court upheld Tennessee's Adult Oriented Establishment
Registration Act at T.C.A. 7-51-1101; and State of Tennessee v. Martin, 719 S.W.2d 522 (1986),
in which the Tennessee Supreme Court upheld Tennessee's obscenity statute at T.C.A.
39-6-1101 et seq.
- Update on Regulation of Adult Entertainment Businesses.
- Building the Record--Saving the Ordinance. This short publication
relates to the regulation of adult businesses in Arkansas, but is pertinent to such regulations
anywhere in the United States.
- Two good adult business ordinances form the Cities of Dallas,
Texas and Phoenix, Arizona. They regulate all adult businesses, which may go further than
you want to go, but they give you a good idea of what kind of regulations might apply to each
kind of adult business.
Sidney D. Hemsley
Senior Law Consultant