| If your downtown is not what it used to be, this may interest you.
The First Amendment to the United States Constitution protects the exercise of free speech. In a recent decision of the Superior Court, a municipal zoning ordinance affecting that Amendment was tested.
The municipality was concerned because an area of dilapidated motels had become magnets for crime. By ordinance, the governing body created a business-development zone to make the area more attractive to upscale hotels, restaurants and stores, by banning several types of uses, including adult-oriented businesses, bowling alleys and tattoo parlors.
An adult shop selling sexually oriented DVDs and sex toys opened in the business-development zone, prompting the litigation.
The trial judge found the ordinance was constitutional and did not restrain free speech.
The adult shop appealed.
YOU BE THE JUDGE: Does the sale of sexually oriented products enjoy protection from local regulation because of protections for speech?
The court applied the Renton test for constitutionality. This test is intended to bring impartiality into focus when measuring the extent of constitutional dimensions. The first prong of that test--whether the restrictions were content-neutral--was satisfied because the ordinance addressed the store's secondary effects on the community, not the content of the items sold. The store was within 1,000 feet of a residential neighborhood, a park and a church. The second prong--that a substantial government interest was served--was also satisfied because the court recognized an adult novelty store could adversely impact the morals, property values and character of the surrounding community. The third prong--that there were reasonable alternative avenues of communication--was satisfied because there was another zone in the municipality where such a use was permitted.
The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our Firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Ridgewood, Ridgefield, Ramsey, Tenafly, Englewood Cliffs and throughout Bergen County, in Totowa, Prospect Park, Passaic, Little Falls and elsewhere in Passaic County, in Nutley, West Caldwell, Roseland, Short Hills, Orange and throughout Essex County, in Whippany, Montville, Rockaway, Riverdale and Long Valley and Mendham in Morris County, in Springfield, Kenilworth, Summit and Roselle in Union County, in Shrewsbury, Marlboro, Spring Lake and Oakhurst in Monmouth County, in South Amboy and Sayreville in Middlesex County, in Kearny, Bayonne, Secaucus and North Bergen in Hudson County, in Hightstown, Hamilton Township, Titusville, Frenchtown and Pennington in Mercer County and throughout the State of New Jersey, as well as New York City. Please contact us to discuss how we can help you in a new lawsuit or provide a "second opinion" about your pending lawsuit. There is no obligation for the initial consultation. |
