OREGON HOUSE REPUBLICANS

COMMUNITIES SHOULD BE GIVEN ABILITY TO REGULATE STRIP CLUBS

House Republicans Seek to Advance Constitutional Amendment

SALEM— House Republicans today sought to advance a state constitutional amendment that would allow local governments to regulate nude dancing businesses and establishments. Rep. Scott Bruun (R-West Linn) and Senate Majority Leader Richard Devlin (D-Tualatin) co-introduced House Joint Resolution 42 this session as Tualatin and other communities have struggled to keep these businesses away from inappropriate locations.

On a partisan vote, majority Democrats prevented the amendment from advancing this session.

“Tualatin is fighting a strip club franchise that wants to open a location near a school, a children’s gym and other family restaurants and businesses,” Rep. Bruun said. “However, Oregon Supreme Court decisions have prevented Tualatin and other communities from regulating the location of these businesses and preventing the problems they might cause. We must uphold the right of free expression, but we must give a communities a say in where these establishments are located.”

Because the Oregon Supreme Court has prohibited regulating any speech on the basis of content, strip clubs are allowed to operate in any commercial zone regardless of local opposition. The Court’s interpretation is so liberal that a community can be sued for attempting to regulate the location of a nude dancing business.

“HJR 42 simply gives local government the ability to impose reasonable time, place and manner regulation on operations of these businesses,” Rep. Bruun said. “Oregon has restrictive land use and zoning laws, yet it’s unacceptable that local governments have no power to zone businesses that would deeply impact the civic culture and safety of their communities.”

HJR 42 would have referred the constitutional amendment to voters for the 2010 general election. It will remain in the House Judiciary Committee, which has closed for the 2009 session.

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