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Buck-passing is not an adult business© St. Petersburg Times published December 18, 2002 There's plenty of blame for the proliferating adult businesses in western Pasco County. At a public hearing Tuesday morning, a speaker acknowledged he came ready to "blast the board, now I see I need to blame the lawyers." "The judges," added Commissioner Ted Schrader. Hardly. Pasco is now crafting a new zoning law for exotic dance clubs, lingerie modeling studios and other aromatherapy/body scrub salons a year after a federal judge tossed out its previous ordinances as too restrictive. Blaming the judiciary is buck passing. In 1999, commissioners, three of whom remain in office, charged ahead with what they perceived to be a politically popular fight against adult businesses. Unfortunately, there was little consideration given to the county's failure to enforce its previous rules. Adult businesses sued and won because the commission's new ordinances stipulated the businesses relocate to industrial zones and be subjected to new regulations including keeping past and current employment records for public inspection. A federal judge ruled the combined effect was an unconstitutional attempt to drive the adult shops out of business. The ruling left the county with no zoning controls over adult businesses. New stores have opened in the meantime and now there are 25 video stores, dance clubs and other sexually oriented businesses around Pasco. Tuesday, the commission held its first public hearing on proposed rules that allow all existing adult businesses to remain where they are, but requiring new shops to locate in one of 45 industrially zoned locations. Critics wrongly believe the proposed ordinance will flood their areas with more adult businesses. The thinking fails to take into account covenants at industrial parks which may prohibit the businesses from operating there, and also doesn't recognize that marketing also is important to adult establishments. New enterprises aren't likely to open in out-of-the-way industrial zones if their competitors -- the existing businesses -- have highly visible locations along U.S. 19. The net result is expected to be a cap on adult businesses at the current number -- or however many more may open before final approval next month -- but also a recognition that the number won't diminish either. Current adult businesses will need to apply for a nonconforming use designation, a label that remains with the land, not the business. In other words, those sites will be earmarked permanently for adult businesses. That is the same wording the county declined to offer current adult businesses three years ago. At least the commission is learning from its mistakes. The proposed ordinance also wisely steers clear of attempting to regulate activity inside the businesses. State laws already prohibit lewd activities, prostitution and other criminal behavior suspected of accompanying many adult businesses. Enforcing those is a law enforcement, not a legislative, issue. Arrests of dancers at one adult club and the recent shutdown of a "bare-as-you-dare" contest that featured customers' exposing sexual organs at another nightclub demonstrates the ability to do just that regardless of a business' zoning designation.
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