Build a record to justify your regulations, but resist claims that the evidence has to be beyond dispute.
Crime. Disease. Decreased property values.
Adult-oriented businesses are disrupting your community.
But you have a plan.
You have fashioned a licensing scheme that prohibits nudity and the sale of alcohol at these establishments.
You know that courts have allowed zoning regulations that address the “secondary effects” of these businesses. You also know that regulating these businesses can violate the First Amendment.
But how closely will a court examine whether your regulations effectively eliminate these adverse effects?