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Mishawaka case currently pending in the United States District Court for the northern district of Indiana. He noted that it is a right to privacy case and that the establishment voluntary closed at the 10 p.m. time. The taking issue was not raised in this case. Mr. Mangan stated that he would provide a copy of the complaint to the Committee. Council Member Ujdak then turned to his concerns regarding the Indiana Alcoholic Beverage Commission. Mr. Broden noted that since establishments are required to comply with the adult business licensing provisions of the South Bend Municipal Code that the closing time would be a part of those provisions and regulations. He noted that the biggest issue may be pre-emption. The petitioners may contend that their liquor license enables them to operate,however the local regulations which are proposed are content neutral with the primary focus being on curbing adverse secondary effects. Mr. Broden then quoted from Indiana Code 7.1-3-9-2 which addresses pre-emption. Ms. DeRose agreed with Mr. Broden's contention. She noted that alcohol is an incidental side effect however did not that this would be a case of first impression. Mr. Staffelbach then highlighted portions from O'Banion v. State ex rel Shively, 253 N.E. 2d 739(Ind. App. 1969) which was a zoning case and highlighted portions from Banknote Club, etc. v. City of Dallas, 608 S.W. 2d 716(Tex.Civ.App.1980)which are both addressed in the Memorandum dated May 15,2000 (copy attached). In response to a question from Council Member Ujdak,Mr. Broden noted that the New Jersey case involved a 10 p.m. of adult bookstores and that the Colorado case involved a zoning ordinance regulating adult businesses. The Council Attorney inquired whether any zoning amendments were anticipated in light of the O'Banion case. Mr. Broden noted that as a result of the City's successful legal action against Little Denmark that preliminary discussions involving possible definitional changes have taken place. However at the present time,he believes that the zoning regulations are sufficient. Mr. Staffelbach concurred. Council Member Kelly noted that he would be unable to attend the next two(2) Committee meetings scheduled for May 25th and June 5th. He stated that he believes that passing the proposed ordinance would be the right thing to do. Council Member Ujdak than inquired into the offers of support regarding the defense of such an ordinance if legally challenged. Mr. Broden noted that his office has done a considerably amount of work on this ordinance and that much of this work would aid his office if the ordinance would be legally challenged. He would anticipate that he and Ms. DeRose would spearhead the defense of the ordinance and that no additional staff would be needed. Mr. Mangan stated that Bruce Taylor and the National Law Center would be available. He noted that they are acting as"special assistant city attorneys" in the Mishawaka case. The city pays for their travel expenses with all legal services being provided on a pro bono basis. Council Member Ujdak stated that he would want the pro bono offer of services in writing. Mr. Mangan noted that the preparation to this point has been over a fifteen(15)month period. Health and Public Safety Committe Meeting Minutes of May 16,2000