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Pastor, Church & LawMember access only

by Richard R. Hammar, J.D., LL.M., CPA

Restricting Certain Activities Near Church Property

§ 7.07
Key point 7-07. Many cities have enacted ordinances banning "adult" bookstores and entertainment facilities, and the sale of alcoholic beverages, within a specified distance of a church. These ordinances have been upheld by the courts so long as such businesses are left with a reasonable opportunity to operate in other locations within the city.

Several courts have upheld municipal zoning ordinances prohibiting the location of "adult theaters" within a prescribed distance of a church, despite the claim that such ordinances constitute an impermissible establishment of religion.[170] See, e.g., City of Stanton v. Cox, 255 Cal. Rptr. 682 (4th Dist. 1989); Amico v. New Castle County, 101 F.R.D. 472 (D.C. Del. 1984); City of Whittier v. Walnut Properties, ...

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