08-28-00 Council Meeting Minutes

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REGULAR MEETING AUGUST 28.2000 this issue five (5) years ago when the largest adult bookstore in the state opened up down the street from his business. He noted that he has put a lot of money into his business and was disappointed that this type of activity would continue. At that time of group came together to figure out what they could do as citizens to protect themselves and the community. The group represents citizens throughout the community and within the group are two (2) task forces. Mr. Sergio thanked Mayor Luecke for proposing this ordinance. He also thanked John Broden, Councilmember Uj dak and all the Council and asked that they do what is right for the future of the community and keep it from the harm of these businesses and pass this ordinance. Mr. Pat Mangan, Executive Director, Citizens for Community Values, P.O. Box 552, Notre Dame, Indiana, commended the Council for considering the changes made tonight. He noted that whenever you have sexually oriented businesses you have increased crime, decreased property values and increased blight. There are more sexually oriented businesses in the two (2) mile stretch in the South Gateway than in any of the twelve (12) surrounding counties. The Supreme Courts intentions were that the City could address the secondary harmful negative effects through these changes. There are three ways this can be done. They are through time, manner and place restrictions. Place restrictions are done with zoning. The time and manner restrictions such as those specified in this bill have been approved and their constitutionality has already stood up. Mr. Magnum asked members of the CCV who are in support of this ordinance to please stand up and be recognized. He stated that these people have been working for a long time to educate the community. He further stated that the City needs to place reasonable limitations on the porn sex industry to save the community from the negative harmful secondary effects. Mr. David Sherman, P.O. Box 117, Horton, Michigan, informed the Council that he would like to give the Council his prospective on adult entertainment. He stated that no matter what City you are in, the harmful negative secondary effects of adult entertainment impact the City not only in the areas where they are located but all overthe City because the clients have to get home and therefore it affects every part of the community. He further stated that one reason the City needs this ordinance is to detour any new business. In regards to employees of these businesses, being independent contractors there is some question of whether taxes are being paid. Additionally, he has observed that drug addiction is another problem associated with this type of business. Mr. Sherman noted that the 10:00 p.m. closing will protect the community and he fully supports this ordinance. Mr. Dennis Staffelbach, 1512 Hass Drive, South Bend, Indiana, noted that he is an attorney and a founding board member of CCV. Mr. Staffelbach read from a 1991 Supreme Court case regarding adult entertainment and stated that the proposed amendments to the City's ordinance are in line with the Supreme Court position. He stated that these changes are the best way to combat negative secondary effects. Communities have the right to protect themselves and time, place and manner can be regulated. There has been a question of whether the closing provision would be preempted by the state statute. The only case addressing this issue has said that ordinances that regulate the use of real property are not preempted by state law. If it turns out that if this is at all preempted only one line will be affected and the remainder of the ordinance will stay in effect. These businesses have the right to be open but they do not have the right to engage in illegal activities. They are bad neighbors and bad businesses and the City has the right to protect themselves. He encouraged the Council to vote in favor of these amendments. Mr. Mike Hamann, 2658 Tomahawk Trail, South Bend, Indiana, Vice - President of the St. Joseph County Board of Commissioners and founding member of the Citizens for Community Values informed the Council that a year ago the City of Mishawaka passed an ordinance restricting sexual oriented businesses and tonight this Council is on the verge of doing same thing. He pledged that if this ordinance passes, he will do everything he can to encourage the St. Joseph County Council to do the same. Mr. Chris Toth, St. Joseph County Prosecuting Attorney, no address given, told the Council that sex offenses and increases in sex offenses go hand in hand with sexually oriented businesses. He stated that the Prosecutors office stands behind this ordinance. It will improve the quality of life in our community. He noted that his office has set up an office on South Michigan because they believe it is important to win back that corridor and he asked the Council to do the right thing and pass this legislation.