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14UU COUNTY-CfCY BUILDING <br />SOUTH BEND,INDGINA 46601-1830 <br />PHONE 574/235-9241 <br />Fnx 574/235-9892 <br />TDD 574/ 235-5567 <br />CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR <br />DEPARTMENT OF LAW <br />CHARLES S. LEONE <br />CITYATTORNEY <br />November 20, 2002 <br />Mr. Roland Kelly, President <br />South Bend Common Council <br />4th Floor, County-City Building <br />South Bend, IN 46601 <br />Re: Technical Amendment to Adult Business Ordinance <br />Dear President Kelly: <br />AI.ADEAN M. DERosE <br />CHIEF ASSISTANT CI I'YATTORNEY <br />Enclosed please find, for Council review and action, a proposed ordinance amending the <br />sections of the South Bend Municipal Code regulating adult businesses. <br />After the passage of the City's current adult business ordinance, and while litigation was <br />pending on challenges to that ordinance in the St. Joseph Superior Court, we became aware of certain <br />recent case law which requires municipal ordinance regulating adult businesses to include provisions <br />guaranteeing protection of certain First Amendment activities from prior restraint. At the suggestion <br />of outside counsel who has been assisting us in the adult business ordinance trial, we are suggesting <br />that passage of this amendment would assist in preservation of the City's existing ordinance. <br />As a practical matter, the City has allowed adult businesses to continue to operate while legal <br />challenges to the City's ordinances are pending in the courts. This proposed ordinance codifies that <br />policy and should provide the appropriate due process protections necessary for preservation of the <br />ordinance. <br />I will be available to answer questions at the Council's committee meeting and will appear at <br />the Common Council meeting when the ordinance is considered. <br />Sincerely yours, <br />1 <br />~L <br />Charles S. Leone <br />City Attorney <br />CSL/jl <br />Attachment <br />r ~~~C~a ~ ~~fc~~' <br />Fl~~t~ 161 <br />~r. r <br />~~©~' ~ ~? L~~d <br />I ~rrc~~~~~~s~.~°" <br />~~ <br />THOMAS L. BODNAR CHERYL A. GREENS JOHN E. BRODEN <br />JEFFREY M. JANKOWSI~ ROBERT C. ROSENFELD ANN-CAROL NASH <br />