Mail Tribune Business - Panel endorses sex store zones

Mail Tribune (Medford, OR — Wayback)

2000-09-14

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Panel endorses sex store zones If passed, bill would let voters decide if local governments should regulate sex businesses By CHARLES E. BEGGS The Associated Press SALEM -- A House panel endorsed a measure Thursday that could let voters decide whether to give cities and counties the power to restrict locations of sex-related businesses. The latest controversy that prompted the measure began in Medford, where citizens protested when Arizona-based Castle Superstores started selling sex-oriented items in the city. Similar protests have developed over the chain's plans to open a store in southwest Portland. Local officials trying to restrict sex-related shops have been stymied because of Oregon Supreme Court rulings that the enterprises are protected under the state constitution's free speech provisions. "It is time to end the frustration cities and counties feel because they can't zone sexually oriented businesses," said Rep. Rob Patridge, R-Medford, chief sponsor of the measure. The ballot measure would amend the constitution to permit the special zoning. The American Civil Liberties Union opposes the measure, saying it would weaken Oregonians' free speech guarantees and be used as a lever to try to ban such businesses. The House Judiciary-Civil Law Committee approved the measure 8-1, with only Democratic Rep. Judy Uherbelau dissenting. Uherbelau, an Ashland lawyer, said the lack of restrictions on where local governments could force such businesses to locate could effectively allow them to ban free expression. "If you shut down one expression you don't like, what happens when an expression you like is shut down?" she said. Supporters of the measure argue that allowing sex shops in residential neighborhoods or near schools could expose children to deviant and other undesirable behavior. Some committee members voting for the bill have misgivings. Rep. Kathy Lowe, D-Milwaukie, said she fears local officials might end up feeling forced to establish "red light districts" for sex-related enterprises. The proposed ballot measure now goes to the House. If approved there and by the Senate, the measure would be on the statewide ballot in November if lawmakers set an election then on other issues. Otherwise, the proposed constitutional amendment on zoning would be on the ballot in the May 2000 primary election. The measure number is HJR52. Today's Business Index Mail Tribune Copyright � The Mail Tribune 1999, Medford, Oregon USA