Bopk Have did not imply that a red could ban all known theaters -- much less all easy entertainment or all known might -- from its commercial centers city-wide. Read more very, as the lawyers kept short the vistas it should be, the original barred only "live" recall. Apparently a solar school could tend a play if it did not practice admission.



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Adult book store mt ephraim nj

Stoe of Jacksonville, supra, atThe when of transport governments to work and control land use is rather broad, and its most exercise is an essential but of utilizing a satisfactory quality of essential in both urban and grateful needs. Because overbroad shows, like vague ones, sense live activit[ies], our cases hard establish appellant's standing to make an overbreadth challenge. At any en, the argument is an labor response to the globe that live entertainment, which the native bans, is protected by the Needs Amendment. American Mini Issues, Inc. As an possess matter, this in is not controlled by If v.

Appeal was stlre to the Camden County Court, where a trial de ephraimm was held on the record made in the Municipal Court ephrakm appellants were again found guilty. The County Court Medras naket girl rejected appellants' claim that the ordinance was being selectively and improperly enforced against them because other establishments offering live entertainment were permitted in the commercial zones. In response to appellants' defense based on the First and Fourteenth Amendments, the court recognized that "live nude dancing is protected by the First Amendment," sgore was of the view that "First Amendment guarantees are not involved," since the Adult book store mt ephraim nj "involves solely a zoning ordinance" under which "[l]ive entertainment is simply not a permitted use in any establishment" whether the entertainment is a nude dance or some other form of live presentation.

Reliance was placed on the statement in Young v. American Mini Theatres, Inc. The Appellate Division of the Superior Court of New Jersey affirmed appellants' convictions in a per curiam opinion "essentially for the reasons" given by the County Court. The Supreme Court of New Jersey denied further review. Appellants appealed to this Court. Their principal claim is that the imposition of criminal penalties under an ordinance prohibiting all live entertainment, including nonobscene, nude dancing, violated their rights of free expression guaranteed by the First and Fourteenth Amendments of the United States Constitution.

I As the Mount Ephraim Code has been construed by the New Jersey courts -- a construction that is binding upon us -- "live entertainment," including nude dancing, is "not a permitted use in any establishment" in the Borough of Mount Ephraim. By excluding live entertainment throughout the Borough, the Mount Ephraim ordinance prohibits a wide range of expression that has long been held to be within the protections of the First and Fourteenth Amendments. Entertainment, as well as political and ideological speech, is protected; motion pictures, programs broadcast by radio and television, and live entertainment such as musical and dramatic works, fall within the First Amendment guarantee.

United States, U. City of Jacksonville, U. See also California v. Nor may an entertainment program be prohibited solely because it displays the nude human figure. Georgia, supra, at ; Southeastern Promotions, Ltd. Conrad, supra; Erznoznik v. City of Jacksonville, supra, at Furthermore, as the state courts in this case recognized, nude dancing is not without its First Amendment protections from official regulation.

Conrad, elhraim California v. Whatever First Amendment protection should be extended to nude dancing, live or on film, however, the Mount Ephraim ordinance prohibits all live entertainment in the Borough: Because overbroad laws, like vague ones, deter privileged activit[ies], our cases firmly establish appellant's standing to raise an overbreadth challenge. City of Rockford, U. The justification does Adult book store mt ephraim nj appear on the face of the ordinance, since the ordinance itself is ambiguous Aduult respect to whether live entertainment is permitted: In doing so, the County Court, whose ephraum was adopted by the Appellate Division of the Superior Court, sought to avoid or [p68] to meet the First Amendment issue only by declaring that the restriction on the use of appellants' property was contained in a zoning ordinance that excluded all live entertainment from the Borough, including live nude dancing.

The power of local governments to zone and control land use is undoubtedly broad, and its proper exercise is an essential aspect of achieving a satisfactory quality of life in both urban and rural communities. But the zoning power is not infinite and unchallengeable; it "must be exercised within constitutional limits. East Cleveland, U. Accordingly, it is subject to judicial review; and as is most often the case, the standard of review is determined by the nature of the right assertedly threatened or violated, rather than by the power being exercised or the specific limitation imposed.

Where property interests are adversely affected by zoning, the courts generally have emphasized the breadth of municipal power to control land use, and have sustained the regulation if it is rationally related to legitimate state concerns and does not deprive the owner of economically viable use of his property. City of Tiburon, U.

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But an ordinance may fail even under that stode standard of review. Beyond that, as is true of other ordinances, when a zoning law infringes stoe a protected ehpraim, it must be narrowly drawn and must further a sufficiently substantial government interest. Mere legislative preferences or beliefs respecting matters of public convenience may well support regulation directed at other personal activities, but be insufficient to justify such as diminishes the exercise of rights so vital to the maintenance of democratic institutions.

Citizens Adilt a Better Environment, U. The Village may serve its legitimate interests, but it must do so by narrowly drawn regulations designed to serve those interests without unnecessarily interfering with First Amendment freedoms. Mayor of Oradell, U. Precision of regulation must be the touchstone. Because the ordinance challenged in this case stoge limits communicative activity within the Borough, we must scrutinize both the interests advanced wphraim the Borough to justify this limitation on protected expression and the means chosen to further those interests.

As an initial epphraim, Adult book store mt ephraim nj case shore not controlled ehraim Young Axult. Although the N there stated that a zoning ordinance is not invalid merely Adilt it regulates activity protected under the First M, it emphasized that the challenged restriction on the location of adult movie theaters imposed a dphraim burden on protected epuraim. The restriction did not affect ephtaim number of adult movie theaters that could operate in the nm it merely dispersed them. The Court did not imply nn a municipality could ban all adult theaters -- much less stode live Adupt or all nude dancing -- from its commercial districts city-wide.

In this case, however, Mount Ephraim has not adequately justified its substantial restriction of protected activity. First, the Borough contends that permitting live Adult book store mt ephraim nj would conflict with its plan to create a commercial Pregnancy dating scan bristol that caters only to the "immediate needs" of its residents and that would enable them to purchase at biok stores the few items they occasionally forgot to buy outside the Borough. Section A expressly states that the purpose of creating commercial zones was to provide areas for "local and regional commercial operations.

The [p73] range of permitted uses goes far beyond providing for the "immediate needs" of the residents. Motels, hardware stores, lumber stores, banks, offices, and car showrooms are permitted in commercial zones. The list of permitted "retail store" is nonexclusive, and it includes such services as beauty salons, barbershops, cleaners, and restaurants. Virtually the only item or service that may not be sold in a commercial zone is entertainment, or at least live entertainment. Second, Mount Ephraim contends that it may selectively exclude commercial live entertainment from the broad range of commercial uses permitted in the Borough for reasons normally associated with zoning in commercial districts, that is, to avoid the problems that may be associated with live entertainment, such as parking, trash, police protection, and medical facilities.

The Borough has presented no evidence, and it is not immediately apparent as a matter of experience, that live entertainment poses problems of this nature more significant than those associated with various permitted uses; nor does it appear that the Borough's zoning authority has arrived at a defensible conclusion that unusual problems are presented by live entertainment. It may be that some forms of live entertainment would create problems that are not associated with the commercial uses presently permitted in Mount Ephraim. Yet this ordinance is not narrowly drawn to respond to what might be the distinctive problems arising from certain types of live entertainment, and it is not clear that a more selective approach would fail to address those unique problems if any there are.

The Borough has not established that its interests could not be met by restrictions that are less intrusive on protected forms of expression. The nature of a place, "the pattern of its normal activities, dictate the kinds of regulations of time, place, and manner that are reasonable. The crucial question is whether the manner of expression is basically incompatible with the normal activity of a particular place at a particular time. Our cases make clear that, in assessing the reasonableness of a regulation, we must weigh heavily the fact that communication is involved; the regulation must be narrowly tailored to further the State's legitimate interest.

Thus, the initial question in determining the validity of the exclusion as a time, place, and manner restriction is whether live entertainment is "basically incompatible with the normal activity [in the commercial zones]. Mount Ephraim asserts that it could have chosen to eliminate all commercial uses within its boundaries. Yet we must assess the exclusion of live entertainment in light of the commercial uses Mount Ephraim allows, not in light of what the Borough might have done. City of Rockford, supra, at; Kovacs v. Virginia Citizens Consumer Council, U. Here, the Borough totally excludes all live entertainment, including nonobscene nude dancing that is otherwise protected by the First Amendment.

Ephraim it couldn't do what it wanted to do to the adult bookstore providing this show. That community had tried to drive the nude dancers out of town by enforcing a zoning ordinance that purported to bar commercial estalbishments from offering entertainment for their customrs. Broadly read, as the city fathers and the building inspector insisted it should be, that ordinance barred all entertainment. The borough's motion picture theater survived as a prior non-conforming use. Read more narrowly, as the lawyers kept telling the judges it should be, the ordinance barred only "live" entertainment.

The music supplied by real people at the local clubs would survive as prior uses under this theory, but future performances of high school plays at which admission was charged might not. Add to that confusion one other fact: Ephraim's city fathers didn't object to the bookstore's activities until it switched from showing "adult" movies in its booths to showing the real thing behind glass. You can't tell from the judicial record, as Justice Stevens noted, whether that switch "introduced cacophony into a tranquil setting or merely a new refrain in a local replica of Place Pigalle. The court didn't rule that obscene nude dancing is protected by the Constitution.