The sound quality on the recording is very poor at the new location, so I was not able to pick up all the discussion. I am relying solely on the tape since I was not able to attend this meeting.
The study session began at 6:05 pm with everyone preseny but Council Member Hardin, who was excused from the meeting. After agenda approval, the mayor began discuss Ordinance 1313 (regulating adult entertainment) by having the town attorney introduce an attorney who has worked on this issue with the City of Lakewood (I could not hear his name).
The Lakewood attorney gave some background, including their city's experience with organized crime associated with strip clubs in their city, as well as other problems. Some of these clubs in Lakewood have closed down due to enforcement action. The city focused on the worst ones first until they got them to shut down, then moved on to another business.
He described their various court challenges, including limiting where these types of businesses could be located. Council Member Hunt asked why the town cannot outright ban this type of business (because of the right to free speech under the First Amendment). The mayor is hopeful that since there is currently not any of this type of business in Ruston that the town could take a hard line. He was told caution was still needed.
Not allowing adult entertainment to operate next to 'sensitive' businesses (like a daycare or church) is a principle that holds up as long as certain criteria is met. Council Member Hedrick confirmed that license based restrictions was better than zoning restrictions. Hunt wanted to know if a municipality could charge an exorbitant fee for this type of business as a deterrent (yes). The town attorney cautioned about using zoning to keep these businesses out of town because you are effectively telling people they 'cannot' operate the business (i.e. cannot exercise their free speech). Hedrick confirmed that the Lakewood attorney had read the Ruston proposed ordinance, and that it is very close to the Lakewood ordinance. Hedrick noted that the town is trying to protect the one entity in town that is both a church and daycare center, and hoped that the courts would take that into consideration.
The mayor wanted to take a two-fold approach, working with the planning department as well as this licensing ordinance. Hunt wanted to know if the public should get involved. The town attorney liked the idea of a public hearing at a regular meeting. Hunt also suggested a survey in the next town newsletter. Town attorney Britton noted that both written or oral comment is allowed for those that cannot attend the hearing. Council Member Huson confirmed that adult bookstores could be addressed with zoning, but any 'exhibition' (i.e. viewing videos, etc.) would be included in the definition of adult cabaret so it would controlled under this ordinance.
Since its too late to get the notice in the next newsletter, the public hearing will be held at the first meeting in August. The council then allowed comment and questions from the audience. After Lynette Hopkins clarified that these types of licenses are only allowed in the commercial zone, the study session adjourned at about 6:50 pm.
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