EVERETT — New adult video stores would be temporarily barred from within 1,000 feet of child care centers, schools, churches and homes under a moratorium Everett City Council members proposed Wednesday.
The council was reacting to concerns about Taboo Video, an adult video outlet that opened across the street from Starbright Early Learning Center in south Everett. The child care center’s owner and three women whose children attend the center urged the council to toughen laws on adult businesses.
"I plead with you to re-investigate your zoning ordinance," said Starbright owner Kim Borgatt, who worries that some parents might pull their children from her center. "It’s too lax."
Leonard Griesel, president of Seattle-based JVN Corp., which owns the adult video store, said he isn’t worried about the proposed restrictions.
"They can do anything they want," he said. "We have a business license and we are completely legal."
For years, Everett barred adult-oriented businesses from within 1,000 feet of schools, churches, parks and homes. But the city took adult retail businesses — including stores that sell sex-oriented videos, magazines and toys — out of the ordinance in the mid-1990s after the state Supreme Court ruled that cities can only enact such restrictions if the presence of adult retail outlets leads to crime or other problems, city attorney Jim Iles said.
The ordinance still prohibits adult cabarets and dancing within 1,000 feet of such places, Iles said.
Sarah Olsen, who has a 4-year-old girl enrolled at Starbright, said she feared the video store would attract drug users and pedophiles and that some people would engage in sexual conductin cars near the store.
"The location of Taboo Video creates a threat to public safety," she said.
But Deputy Police Chief Jerry Burke told the City Council that it doesn’t appear that other adult retail outlets in the city have caused problems in surrounding neighborhoods. Burke said police would analyze crime statistics in those areas and report back to the council next week.
There are at least five other businesses in the city that sell adult toys, videos and magazines.
Iles said the city could face a lawsuit if it were to enact permanent restrictions on adult retail outlets.
"There are constitutional rights involved," he said, pointing to lawsuits that have been filed against cities that have tried to limit such businesses.
In 2001, Spokane enacted an ordinance that bars adult retail stores within 750 feet of churches, child care centers, parks, libraries, schools, housing and other sex stores, said Leroy Eadie, a planner for that city. The law required the seven stores near such places to move elsewhere in the city. Four of the seven stores did so, Eadie said.
The owner of the other three stores filed suit against Spokane, alleging the law violates free-speech and property rights. The company lost in U.S. District Court but appealed the case to the 9th Circuit Court of Appeals in San Francisco.
Everett Councilman Doug Campbell said he sympathizes with parents of children at the day care center. But he said until it’s clear the city has a legal right to enact restrictions, "We’re bound as to how far we can go."
Councilman Mark Olson said he proposed a six-month moratorium on new adult retail stores to give the city attorney’s office and the planning department time to come up with rules that would pass constitutional muster.
Although the council voted unanimously to ask the city attorney’s office to draft a moratorium, some council members said they would probably vote against one when it comes up for a final vote.
City Councilwoman Brenda Stonecipher said she is reluctant to support new restrictions on businesses that don’t appear to be causing problems, especially if those new rules could lead to an expensive lawsuit against the city.
"I want to hear from law enforcement if these types of businesses are having a negative impact," Stonecipher said. If they aren’t, it would be unfair to single them out for restrictions, she said.
City Councilwoman Marian Krell said that, as director of neighborhoods, she has received many calls from people concerned about new adult-oriented businesses.
"But once the businesses went in and the shock was over," she said, "I never did get a call from anyone who reported anything amiss occurring."
Reporter David Olson:
425-339-3452 or dolson@heraldnet.com
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