Freedom of speech and expression are political buzz words that continue to create controversy and heated debates, and Measure 87 is no different.
Measure 87 will amend the state constitution to allow regulation of the locations of sexually oriented businesses through zoning. The constitution currently allows the location of businesses to be regulated, but only upon proof of threatened or actual neighborhood harm, such as increased crime.
If the measure passes, the Oregon Constitution will be amended to allow city councils to dictate where adult businesses are located. This includes the ability to re-zone areas where current adult businesses are located, forcing those businesses to relocate or close. The measure covers establishments whose principal business is nude dancing, nude entertainment or production or distribution of sexual activity.
Rob Reynolds, manager of Exclusively Adult, an adult novelty store in Springfield, believes the passage of the measure will be the end of his establishment and others like it.
“There is no grandfather clause,” Reynolds said. “If the measure passes, they can basically close down anyone they want. I think they’re going after everyone.”
Because city councils can determine where to prohibit adult businesses, the natural process would be to map out businesses within 1,000 feet of churches and schools, then residential areas and businesses within 1,000 feet of another adult business, Reynolds said.
“Pretty soon, there will be nothing left,” he said.
However, Mayor Jim Torrey, one of 14 Oregon mayors to publicly support the measure, said the issue is about location, not trying to eliminate adult businesses. He emphasized the importance of maintaining our freedom of speech rights, but said he is concerned when adult activities exist in residential areas.
“I believe this will allow the local governing body to protect residential areas and identify the most appropriate site for these adult activities,” Torrey said. “This measure does allow the medium to exist, as long as they’re in a specific zone. The issue is where is the most appropriate site.”
Managers of adult businesses are still worried that the measure will force adult businesses out by giving them too few choices for relocation, Reynolds said.
“Legally, they can’t eliminate everyone,” he said. “What they can do is say the only places you can be are Weyerhaeuser or the Springfield Rock Quarry. It doesn’t matter that it is unrealistic to relocate there.”
Supporters of the measure, including groups such as Oregonians for Children and Parents Education Association, reiterate that Oregon is one of only two states in the nation that prohibits cities and counties from determining, through zoning, the proper location of sexually oriented business in their community.
And the measure is not a ban on pornography. Public libraries, convenience stores and bookstores will not be affected, and passage of the measure will not result in the censoring of books, magazines or videotapes.
For State Representative Kitty Piercy, D-Eugene, the issue isn’t about the adult businesses or their activities. She said she believes cities can regulate the locations if needed, using current zoning and local ordinances, without impacting freedom of speech laws.
“The reason I’m opposed to this is that I think it would make our freedom of speech laws weaker than they are now,” Piercy said. “As a feminist, I abhor these kind of facilities, and wish they didn’t exist. But I’m concerned about undermining our freedom of speech laws, which protect us on so many different levels.”
Lisa Foisy, director of the University Women’s Center, acknowledged the complication of the controversial issue because it touches on two hot spots; freedom of speech and children.
“I think it’s a complicated issue,” Foisy said. “I certainly am for protecting certain constituents from inappropriate images and material.”
But despite reassurances that the measure won’t ban sexually oriented businesses, Reynolds said she feels that Measure 87 will eventually allow anti-pornography supporters to slowly eliminate adult businesses.
“Basically, we’re out of luck. The measure allows city councils to impose their morality on the people,” Reynolds said.