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Sexually oriented business ordinance advancesTell North Platte what you think
 

An ordinance that would regulate sexually oriented businesses in North Platte passed on its second reading before the City Council Tuesday night.

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Originally passed on three readings July 2, it was then immediately vetoed by North Platte Mayor G. Keith Richardson.

Richardson said he vetoed the ordinance because he wanted to be sure it was fair to everyone in the community.

The council couldn’t garner the votes to override the veto in July but brought the ordinance back Sept. 2.

The ordinance strictly regulates where such businesses can be located and includes adult arcades, bookstores or novelty stores, cabarets, motels, theaters, escort agencies, nude modeling and sexual encounter centers.

Those types of businesses would not allowed to be located within 1,000 feet of churches, public or private school, the property line of a home, parks, hospitals, the Rec Center, library or any youth center or meeting place. They would not be allowed within 1,000 feet of another sexually oriented business.

They would not be allowed to sell alcohol or allow children inside and even their opening and closing times would be regulated.

The ordinance was copied from what other cities have done and was prompted by resident's concerns after adult oriented businesses opened in Sidney and Cozad recently.

The ordinance has faced vocal opposition from a number of residents who believe it could drive them out of business.

Chad Reece, who with his wife Lea runs LeeLee’s Lingerie – a discreet lingerie and adult novelty business operated out of their home, has been the most vocal opponent.

Reece said he had been in contact with the American Civil Liberties Union, the First Amendment Attorney’s Foundation and other groups and said they had concerns about the ordinance. He threatened court action and said he was confident the ordinance would be overturned in court.

Reece said there was no supporting evidence that retail adult stores had a negative secondary effect on communities. He differentiated between retail stores and other types of adult businesses.

“Strip clubs and peep shows, put them out in the industrial area,” Reece said. But he said retail stores with adult items were another matter.

There are also a number of groups in support of the ordinance.

Judy Clark, Assistant City Planner, said that her research revealed that the council does have the authority to limit or dictate where businesses can be located.

On Tuesday, Pastor Bill Reeves of the North Platte Baptist Church brought about 25 members of his congregation with him to the meeting. Some children carried and held up signs to the council. One read, “Don’t corrupt me.”

Reeves recommended a resolution promoting a “Child-Appropriate Standard” in North Platte.

“Posting a strong statement on the city’s web page would be a good deterrent to those kinds of businesses researching our city for a home,” Reeves said.

Reeves said the new version of the ordinance allows sexually oriented businesses to continue to operate for three years without having to comply with the regulations.

“It seems to me that whoever is running this type of business is being protected by the very law that is supposed to control it,” Reeves said. “If you want to say you are regulating, then regulate. Not in three years but now.”

Reeves urged the council to carefully consider the ordinance’s existence, it’s strength and it’s legal longevity.

“I am for the legislation of morality so pass an ordinance that will truly protect the good citizens you serve,” Reeves said. “It is your job to speak for North Platte’s people but of the utmost importance that you are defenders of our children.”

The ordinance was approved on second reading 7-1, with Dan McGuire voting against it.

In other business, the council:

• Passed, on the third and final reading, an ordinance that would ban obscene signs. The ordinance, recommended by the city planning commission, would make it “unlawful to display any sign which contains anything which is obscene.”

On City Attorney Doug Stack’s advice, language, which originally said “fraudulent, misleading and immoral signs”, was removed from the ordinance. Stack said those words might not survive a legal challenge.

Bob Mark, planning commissioner, said the commission was primarily concerned about signs advertising sexually oriented businesses.


 
The North Platte Bulletin - Published 9/16/2008
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