Adult zones OK on U.S. 1
KATI BEXLEY
kati.bexley@staugustine.com Adult zones OK on U.S. 1
Publication Date: 10/09/07
After months of discussion and public protest, the St. Augustine City Commission passed an ordinance Monday that dictates where adult entertainment can locate in the city.
The new measure allows adult entertainment on U.S. 1, which is also Ponce de Leon Boulevard, throughout the city. The vote was 4-1, with Commissioner Don Crichlow dissenting.
Crichlow has always felt that adult entertainment should be contained to one area of the city.
"When you have 10 or 12 sites, I think it's much more inviting for (adult businesses) to come here because they can negotiate prices for property and choose where they want to go, rather than if you had only three or four sites," Crichlow said.
Since June, the commission has wrestled with finding an ordinance that sets the location of adult entertainment in the city. Commissioners have passed three measures on first reading. Each vote was followed by angry protesters filling City Hall.
Several people came to City Hall yet again on Monday, with many of them demanding the city fight to ban adult entertainment altogether. And Commissioner George Gardner also asked why the city couldn't do that, to which the public gave booming applause.
Attorney Michael Kahn explained that prohibiting adult businesses to locate in the city is against the Constitution.
Kahn, of Melbourne, was hired by the city to ensure the ordinance is legally sound. He has worked with other cities across Florida on the same issue.
He said because St. Augustine already has retail here it couldn't ban adult businesses. Also, he added, adult bookstores are protected under the First Amendment, as are all books.
And adult dance clubs have marginal protection under the First Amendment, meaning they can be heavily regulated by cities, Kahn said. It would be "wrong and unethical," Kahn said, for him to advise the city to ban adult businesses.
"It sounds good on day one, and you'd all be heroes day one," he said. "But, when you get sued, it goes down in a bunch of flames. It's not going to be a pretty picture."
Commissioner Errol Jones told the public the map The Record put on the front page Monday featuring the new zones for adult entertainment was wrong. But Mark Knight, city planning and building director, later said that it was right.
Most of the public who spoke at the meeting Monday wanted the city to disperse the adult businesses instead of allowing them in only one area.
Commissioners originally proposed to put adult businesses in one area, but they decided to disperse adult entertainment because of public pressure.
"By spreading them out and having them on U.S. 1 these businesses will have little effect on property value," said Connie Hansen.
Resident Bill Leary, who also serves as a St. Augustine Planning and Zoning Board member, echoed Crichlow's view.
"Sometimes leadership requires you to shed the shackles of compromise," Leary said.
The commissioners all agreed that was it nice to finally be finished with the topic.
"We appreciate all the public's comments, but it feels good to be done with this," said Mayor Joe Boles.
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