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Lawyer devises anti-smut ordinance By JIM DAVIS A Medford lawyer says he has a way to restrict sexually oriented businesses that will satisfy the Oregon Constitution. Frank Sybrant said he will present a draft of an ordinance to Medford City Manager Michael Dyal today. "We think we've found an approach that is very definitely supportable under not only federal but Oregon law," Sybrant said. Medford City Councilman Curt Bennett, who hasn't seen the ordinance but is a vocal supporter of restricting such businesses, praised Sybrant for his effort. He said he felt frustrated when City Attorney Gene Hart told the council that a sexually-oriented-business ordinance wouldn't hold up in Oregon courts. "I really appreciate (Sybrant's) efforts, especially since Mr. Hart felt that there wasn't any way to write the ordinance," Bennett said. The draft will be reviewed by the city manager's office as well as Hart and could be given to the City Council for review by early December. Bennett said he would like the council to vote on the issue by Dec. 17. The issue has been a hot-button topic with the City Council since early September when Castle Superstores -- an Arizona-based sex shop -- moved into a former grocery store on Progress Drive. Sybrant volunteered to draft the ordinance. He has worked with Hart and with a private group called Medford Citizens for Public Decency. He has also worked with several nonprofit organizations throughout the country, including the National Family Law Foundation of Scottsdale, Ariz., which works to stop adult businesses from opening. Sybrant declined to talk about details of the draft he's submitting to the city. But he said the Oregon Court of Appeals has ruled that cities may not restrict businesses based on the content of what they sell. "What you have to be able to show is that (a business) produces a harmful second effect in the community," Sybrant said. "If the law is tied to those harmful secondary effects, then it's supportable." He said the draft ordinance isn't aimed at existing sexually oriented stores and shops, but "it certainly could have an impact on existing businesses." Sybrant said the vast majority of people working against sexually oriented businesses are business people who are concerned about real estate values or vacancy rates at shopping centers. He became involved in the issue after reading newspaper stories and speaking to the Medford council. "I have a family," Sybrant said. "I've got nine kids and I've got 12 grandkids -- I'm concerned about this community." Mail Tribune Copyright � The Mail Tribune 1998, Medford, Oregon USA