Discuss the relationship between zoning, exotic dancing and the O'Brien test

What will be an ideal response?


As above, municipalities may use their "police power" to regulate the potentially negative aspects of the secondary effects or impacts of adult dancing and live performances. A four part-test (i.e., "four factors") was established in United States v. O'Brien (1968) which assist in determining whether zoning regulations for adult businesses violate the First Amendment principles of freedom of speech or expression. In determining the constitutional validity of an ordinance or zoning restrictions, courts must consider whether

1, The predominant purpose of the zoning is to suppress the sexually explicit speech itself, or rather, to eliminate the secondary effects of adult uses;
2, The zoning regulation furthers a substantial governmental interest;
3, The zoning regulation is narrowly tailored to affect only those uses which produced the unwanted secondary effects; and
4, The zoning regulations leave open reasonable alternative locations for adult uses.

Business

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A policy change is an example of what type of message?

A) Goodwill messages B) Answers to routine requests C) Claims and adjustment requests D) Good-news announcements E) Routine informational messages

Business

Salim carelessly makes a check for $100 to Abel in a way that makes it possible for someone to easily alter it. Abel alters the check to read $1,000. Under these circumstances, ________.

A. a drawee bank can charge the $100 to Salim's account and will be liable for the rest of the altered amount B. the drawee bank is completely liable to Salim for accepting the altered check even if Salim's negligence contributed to the alteration C. Abel is liable to the drawee bank and the bank cannot charge the $1,000 to Salim's account D. if the drawee bank pays the check to Abel in good faith, it can charge the $1,000 to Salim's account

Business

What is a major exception to the Employee Polygraph Protection Act of 1988?

a. It does not apply to governmental entities. b. It does not apply to protected status groups. c. It does not apply to candidates with a criminal history. d. All educational institutions may use a polygraph for hiring screens.

Business

Which of the following accounts is debited when goods are sold?

A) Cost of Goods Sold B) Finished Goods C) Work-in-Process D) Accounts Payable E) None of these.

Business