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Keywords

appealmotionzoningregulationrespondent
appealmotionsummary judgmentwilldue processrespondentmotion for summary judgment

Related Cases

Young v. American Mini Theatres, Inc., 427 U.S. 50, 96 S.Ct. 2440, 49 L.Ed.2d 310, 1 Media L. Rep. 1151

Facts

Respondent operators of two adult motion picture theaters challenged the validity of Detroit zoning ordinances that prohibited adult theaters from being located within 1,000 feet of other regulated uses or within 500 feet of residential areas. The ordinances were enacted in response to concerns about the negative impact of adult establishments on neighborhoods. The District Court upheld the ordinances, but the Court of Appeals reversed this decision, leading to the Supreme Court's review.

Respondents are the operators of two adult motion picture theaters. One, the Nortown, was an established theater which began to exhibit adult films in March 1973. The other, the Pussy Cat, was a corner gas station which was converted into a “mini theater,” but denied a certificate of occupancy because of its plan to exhibit adult films.

Issue

Whether the Detroit zoning ordinances that restrict the location of adult theaters are unconstitutional under the First Amendment and the Equal Protection Clause of the Fourteenth Amendment.

The principal question presented by this case is whether that statutory classification is unconstitutional because it is based on the content of communication protected by the First Amendment.

Rule

The Supreme Court ruled that zoning ordinances can impose restrictions based on the content of communication, provided that they serve a legitimate governmental interest and do not constitute a prior restraint on free speech.

The ordinances as applied to these respondents do not violate the Due Process Clause of the Fourteenth Amendment on the ground of vagueness.

Analysis

The Court found that the ordinances did not impose a significant deterrent effect on the exhibition of films protected by the First Amendment. The ordinances were deemed to be a reasonable regulation of the time, place, and manner of adult film exhibitions, and the city's interest in preserving neighborhood character justified the restrictions.

The ordinances will have no demonstrably significant effect on the exhibition of films protected by the First Amendment.

Conclusion

The Supreme Court reversed the Court of Appeals' decision, holding that the Detroit zoning ordinances did not violate the First Amendment or the Equal Protection Clause.

The judgment of the Court of Appeals is Reversed.

Who won?

The City of Detroit prevailed in the case, as the Supreme Court upheld the validity of the zoning ordinances, finding them to be a legitimate exercise of the city's regulatory power.

The District Court upheld the ordinances, and granted petitioners' motion for summary judgment.

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