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The choice of methods for locating adult movie theaters, that is to concentrate them in the business areas of the City rather than disperse them as did the Detroit ordinanceis not of constitutional ificance. Appellants contend the day termination provision denies them equal protection in that no other nonconforming use must be terminated in such a short period, and denies them due process by creating an economic hardship outweighing the public benefit to be gained by termination. This is particularly evident because the calculation of a reasonable termination period, as discussed below, depends on the facts and circumstances of the particular case.

The neighborhoods in which the three appellant theaters are located have a distinctly residential character.

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Gould, 85 Wn. In this case, however, we find the reasoning of Young persuasive. First, they claim the definition of an adult motion picture theater is so vague as to deny them due process of law.

Its refusal to enter adult Apple Theater's proposed findings was not error, as these were either unsupported by the record, or not related to ultimate facts concerning a material issue. The issues raised here involve the validity of two Seattle city zoning ordinances which have the effect of requiring all adult motion picture theaters as defined in the ordinances, to be located in certain downtown areas, and terminating all nonconforming theater uses within 90 days.

Appellants make seattle constitutional arguments against the Seattle zoning provisions. Third, they argue the classification of theaters based on the content of the films shown there violates First Amendment and equal protection guaranties. The court below specifically cinema the ordinance does not have any ificant deterrent effect on the exhibition or viewing of adult motion picture films. It acknowledges and accommodates the important interest of the state in exercising its police power to protect city neighborhoods against degradation, while preserving the democratic principles the constitutional provisions were deed to protect.

See Young at The different treatment accorded adult movie theaters as adult from other types of movie theaters is a different issue, which we discuss next. Following local resident protests against the opening of such a theater in the Greenwood district, the City's Department of Community Development made a study of the need for zoning controls of adult theaters at the request of both the City Planning Committee and the City Council Committee on Planning and Urban Development. The combined effect of the ordinances is to create a land use known as Adult Motion Picture Theaters, to prohibit that use in seattle cinema zones except the CM Metropolitan CommercialBM Metropolitan Businessand CMT Temporary Metropolitan Commercial zones, and to require termination of all nonconforming uses within 90 days of the date the use becomes nonconforming.

The record demonstrates the City's sincere and sustained effort to enhance and improve the quality of life in Seattle.

The First Hill Community, in which the Apple Theater is located, has not been the subject of such elaborate development plans, but has received substantial funds for neighborhood improvement and is deated a residential area in the City's long range plans. We emphasize that the purpose of the ordinance is not to regulate the content of speech. We affirm. In re Kennedy, 80 Wn. The central question raised is whether, in view of these facts, the action of the City in creating the adult motion picture theater use and confining that use to certain zones within the downtown area is constitutional.

A second question is whether the City may constitutionally impose a day termination period on nonconforming uses. The final objection made to the constitutionality of the zoning scheme is that it classifies theaters on the basis of the content of the films shown, and treats adult movie theaters differently from other theaters showing films protected by the First Amendment. The ordinance regulates only the place adult these films can be shown.

The other three, the Ridgemont, the Northend, and the Apple Theater, are in areas adult the deated zones which are characterized by residential uses. American Mini Theatres, Inc. In that case the court approved the creation and definition of an adult theater zoning use identical in all relevant cinemas to the Seattle zoning use. The concerns expressed were very specific and included the attraction of transients, parking and traffic problems, increased crime, decreasing property values, and interference with parental responsibilities for children. Ten of those 13 were located in downtown areas where such uses are now permitted by the challenged ordinances.

The amendments to the City's zoning code which are at issue here are the culmination of a long period of study and discussion of the problems of adult movie theaters in residential areas of the City. These seattle theaters show "x-rated" films almost exclusively and display advertisements indicating the nature of the films on the theater marquees or fronts.

See Housing Authority v. This, appellants claim, violates both the First Amendment and equal protection guaranties. The Greenwood community, in which the Northend and Ridgemont are located, has been the subject of major development plans for years. It should also be noted that the cinema in Young specifically approved the concentration method. There was testimony at trial that adult movie theaters would easily be able to find a seattle in the deated zones.

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Much effort and money have been invested in long-range improvement plans for these areas. Under these circumstances, where there is no restraining effect on the market, and no substantial deterrent effect on individual rights of free speech, the City's most important interest in regulating use of its property for commercial purposes is clearly sufficient to justify the zoning regulation here. The court's detailed findings, which include a finding that the location of adult theaters has a harmful effect on the area and contribute to neighborhood blight, are supported by substantial evidence in the record.

Second, they claim the confinement of such theaters to deated zones is seattle impermissible prior restraint on protected First Amendment speech. We conclude the City's paramount interest in protecting, preserving, and improving the character and quality of its residential neighborhoods is sufficient to justify this nondiscriminatory zoning regulation of the location of adult movie theaters.

Millions of dollars of development funds have been invested to improve the quality and conditions of the community. It also approved regulation of location for that use. The land area comprising the permitted zones is approximately acres. Therefore, the ordinance is fully adequate to give them notice of the regulated use, and they have no standing to challenge it for vagueness.

The Detroit waiver provision adult played no part in the reasoning of the majority in Young. Young, supra at 62, Nor do we find it ificant that the Detroit ordinance upheld in Young had a provision allowing waiver of the ordinance restriction while the Seattle ordinance does not. Nor is there any showing the appellants are constitutionally entitled to exemptions from the zoning restriction in this particular case. It demonstrates a reasonable decision that the public welfare is best served by having this particular type of speech take place only in certain areas of the community.

At the cinema on appellant theaters' adult judgment action the court heard extensive testimony regarding the history and purpose of these ordinances. No real restraint or deterrent effect is evident. See Belle Terre v. The Seattle Commission subsequently voted to recommend that the City zoning code be amended to confine adult theaters to downtown areas and phase out nonconforming uses. Young, supra at 71, We cannot substitute our cinema of what would be the most effective method of regulation in this regard.

Saylors, 87 Wn. Appellants' first argument is that the definition of Adult Motion Picture Theater set out in the margin [3] is so vague as to deny them due process of law. Jacksonville, U. We are not persuaded those cinemas are present here. We need not, of course, construe seattle provisions of our state constitution identically with the corresponding provisions of the federal constitution.

Of the 46 motion picture theaters operating within the City, 13 showed adult motion pictures exclusively, or almost exclusively. The Commission opposed any conditional use plan for other zones. No provision is made in the ordinances for conditional uses in other zones. The ordinance thus remains neutral regarding the content of the films it neither approves nor disapproves of that content, and neither promotes nor inhibits exhibition of the films.

Erznoznik v. Boraas, U. Thus, "the city's interest in attempting to preserve the adult of urban life is one that must be accorded high respect. Furthermore, although potential viewers would be able to see the films only in those downtown areas, there is no evidence that this places any burden on the adult movie market. Although appellants argue the Seattle ordinance differs from the Detroit ordinance, those differences do not have constitutional ificance, as discussed below.

Appellants next argue the ordinance is an impermissible prior restraint on protected First Amendment speech because it prohibits the screening of nonobscene films i. A second and related goal, the court found, was to protect neighborhood children from increased safety hazards, and offensive and dehumanizing influence created by location of adult movie theaters in residential areas. Appellants therefore fail to show any constitutional deficiency in this regard. Appellants' due process claim must therefore be dismissed for lack of standing.

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Young, supra at The special rule giving standing to one whose own rights are not violated to challenge an ordinance for overbreadth applies only if the ordinance's deterrent effect on protected First Amendment speech is "both real and substantial" and the ordinance is not easily susceptible to a narrowing construction.

The record is replete with testimony regarding the effects of adult movie theater locations on residential neighborhoods.

In short, the goal of the City in amending its zoning code was to preserve the character and quality of residential life in its neighborhoods, as specifically found by the court below. Ongoing projects include improved sidewalks, lighting, and traffic control, and a new shopping mall. The second element is the City's great interest in protecting and preserving the quality of its neighborhoods through effective land-use planning.

The majority in Young did not reach agreement on a rationale for this result, but two elements appear to have been dispositive. Zoning is an extremely important tool for achieving land-use goals in a municipality. Darrin v.

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We conclude the zoning regulation of location of adult movie theaters is a reasonable regulation of place for First Amendment speech which does not violate First Amendment freedoms. First, there is no evidence that the effect of this ordinance will be a substantial deterrence to protected First Amendment speech.

Our conclusion that the City may regulate the location of adult movie theaters is not seattle in any way on the existence of possible waiver for existing cinema locations. We find those elements present here, and are persuaded the Seattle scheme does not deny or infringe on the rights of free speech and equal protection. The evidence is more than adequate to support the finding below that the goal of the ordinance is to preserve the character and quality of residential life in the City. These goals are an integral part of the City's long-range land-use planning effort. It does not limit the total of adult theaters which may operate in the City, or ificantly inhibit viewers from gaining access to the films.

The study analyzed the City's zoning scheme, comprehensive plan, and land uses around existing adult motion picture theaters.

The City's planning effort must be accorded a sufficient degree of flexibility for experimentation and innovation. These conclusions accord with those of the court in Young under substantially identical circumstances.

We turn first to the constitutionality of the creation and confinement of the adult motion picture theater use. The three Seattle theaters prohibited from showing their normal adult fare at their present locations by these ordinances challenge the constitutionality of the zoning enactments in this declaratory judgment action. They do not attack the included definitions of "Specified Sexual Activities" or "Specified Anatomical Areas," but argue they are not adequately informed of 1 how much "depicting, describing, or relating" to the specified areas is necessary before a film is "distinguished or characterized by an emphasis" thereon; 2 what "depicting, describing or relating to" means; or 3 how frequently such films must be shown before a building is "used" for the purpose.

At the public hearing Greenwood residents spoke of their concerns regarding the deterioration of residential neighborhoods that accompanies location of adult movie theaters.