Adult business opponents can't celebr ate yet won a battle
A week ago, opponents of adult-themed businesses in downtown Lenoir claimed a victory when an alleged “swingers” club was closed down.
On that same day a Web site that had connections to the business was replaced with a notice that all activities of this kind, at least through this particular organization, would cease - not just in Lenoir but the entire Hickory Metro. The notice, which was posted on www.carolinaconnections.com on Feb. 15 reads as follows:
“All parties in Hickory NC have been cancelled and Carolina Connections will not be having any more parties in the Hickory area. We have cancelled our contract with our hotel in Hickory for the rest of 2008.
“Anyone looking to have parties at our old hotel or anywhere in Hickory for that matter, good luck... Cause it isn't going to happen. Hickory is now and forever fouled up. For any of our friends who may want to know the real reason why may contact us via email or phone.
“We are currently taking a few months off from hosting the parties, but we think everyone will be happy about the move from Hickory and our old host hotel.
“Thanks for reading and have a playful day!”
Those who oppose businesses of this kind can count the above declaration as another successful battle, but should not perceive it as winning the war.
Those who have followed this issue know that the business was not closed because of the opposition to it or because such a business is illegal. It was closed because it was allowed in the participant place it took up residence.
I heard so many people make the statement, “I can't believe something like this showed up in our city,” or “How could this happen?” What many local residents may not realize is that the U.S. Supreme Court protects the right of businesses such as adult bookstores, strip bars and even swingers clubs, to exist.
According to the First Amendment Center, a city cannot completely prohibit adult-entertainment businesses from operating. But a city may enact reasonable zoning measures that relegate adult businesses to a certain area or areas of town That was the beef in the swingers club issue last week. It wasn't that swingers clubs aren't allowed in Lenoir, or Hudson or Caldwell County, for that matter. It was that a swingers club is not allowed on the particular piece of property that it chose to operate on, based on the city's zoning regulations.
There are properties in the city that are zoned for such a business, and had that club opened on one of those properties and followed the letter of the law (which was another issue) then it likely would have been hosting a get-together tonight.
Because a city may not completely prohibit adult entertainment, based on a 1981 U.S. Supreme Court decision referencing the First and Fourth Amendments to the Bill of Rights, there is nothing stopping businesses of this nature or even more objectionable to its opponents from setting up shop here like any other establishment.
There's not much a church, a city or a private citizen can do to overturn a Supreme Court ruling of this magnitude, so the most important thing that the City of Lenoir and every other government body in Caldwell County can do now is make sure the current zoning regulations that are in place will protect the wants and needs of the citizenry.
Lenoir already has taken steps to address this through an upcoming hearing and a moratorium on new adult businesses, but it would be a good idea for other communities to do the same. They may not be as lucky as Lenoir was in their battles with a business they deem inappropriate.
Edward Terry
Editor