Cortez Journal

Council ponders ordinance for adult businesses

June 29, 2000

by Matt Gleckman
Journal Staff Writer

One local resident — who claimed she was speaking for many — came before the Cortez City Council Tuesday night to voice concern over the possibility of sexually-oriented adult businesses moving into Cortez.

Diana Fox, a local business owner and long-time Cortez resident, told the city council that she and several others are afraid of the negative effects that an "adult business" could have on Cortez.

"When one of these businesses moves into a city, the rate of crime, sexual abuse, domestic violence and divorce all increase," said Fox, adding that urban blight, such as graffiti and general dirtiness, also increases as the result of an adult entertainment establishment moving into town.

Fox said that it is her goal to have an ordinance added to the Cortez city codes which will closely regulate adult businesses.

Earlier this month the Cortez Planning and Zoning Commission, along with City Attorney Jim Hatter, began adopting and developing a set of regulations which will govern adult entertainment businesses in Cortez.

The decision to develop such an ordinance came after city officials learned that a business, described only as an adult video store, is planning to set up shop on North Broadway.

"With this first adult video business moving in, the city is looking at this legislation as an effort to manage any additional adult businesses in the future," said Building/Zoning Inspector Jeff Reinhart.

City Manager Hal Shepherd said, at present, the city has no means of stopping an adult business from setting up within the downtown district.

"If there was a vacant store on Main Street, then an adult store could move into it," Shepherd said.

Among the planning and zoning commission’s proposed regulations, however, is one which would restrict adult establishments to industrial districts outside of residential and downtown areas, according to Reinhart.

Reinhart said that a person’s First Amendment rights are generally not violated unless that person is completely banned from setting up in an area.

"If you can provide a zone where they can locate, then generally you are in good shape," he said.

Fox, who owns land near an industrial park, said that while she wants restrictions placed on adult businesses, the city would negatively impact certain property values by confining those business to a specific area.

"Property values around the industrial park would go down and I wouldn’t want to build a house on my land and live near such a business," Fox said.

However, Shepherd said that residences cannot be built in industrial areas anyway.

At the meeting, Fox presented city staff and council members with an existing adult entertainment ordinance that has been drafted by the American Family Association (AFA).

Fox told council members that if the ordinance is ever tested in a court of law, the AFA will provide the city with its own lawyers at no expense.

Hatter said that he would review the AFA ordinance in addition to others that have been drafted by cities throughout Colorado.

Hatter added that he is also in the process of reviewing a number of Supreme Court cases involving adult businesses.

Shepherd said Wednesday that the next step in adding the ordinance will be to hold a public hearing and to get a recommendation from the city council. Shepherd said that members of the public are invited to share their thoughts with the city council at meetings on July 11 and July 25.

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