Abilene, Texas- Citizens who have been concerned about pornography have asked city commissioners to abide by the process it established last summer as a video store developer was looking at a downtown site.
The citizens said they were supportive of Family Video, but did not want to see X-rated movies available for sale or rent since it was outside of the area noted for adult-oriented businesses, which is in areas zoned for industrial uses.
Whether or not the company decides to renovate the former grocery store depends first on whether or not an alley will be made available for customer use. Barry LaFreniere, project manager for Rockford Construction Co. Inc., Belmont, Mich., told commissioners that drive-up accessibility is important to the design and image of Family Videos.
The former grocery store building was the only one under consideration, LaFreniere said. Without parking in an alley adjacent to the old grocery store then design becomes a moot point.
Phillip Cosby, asked the commission to enforce its own regulations approved last summer, which requires sexually oriented businesses to be only in designated industrial areas. He said the downtown area is special.
Cosby said if Family Video, upon applying for proper permits, cannot give a clear and written guarantee that it will not traffic in X-rated video, then a work permit should be denied.
“If Family Video guarantees Abilene that their store will be the version without X-rated sexual videos or games, then they are more than welcome as good neighbors to locate in the downtown of a city which has been in times past and is once again to be the family entertainment destination of the Midwest,” Cosby said. “Family Video can embrace this unique vision and make it their own.”
Several others spoke about the issue at the work session.
Abilene resident Larry Phelps said he was concerned about pornography’s long-term impact on children. “I’ve seen a lot of destruction in my life.”
“There is no grey area,” he said. “It is black and white.”
Mayor Lynn Peterson thanked the audience for their input and said the commission had several questions that needed to be asked.
Commissioner Anson Coulson said he was not supportive of having X-rated movies being sold at the new store, saying the ordinance was meant to include video stores, too.
“I don’t want to see it (the material) in downtown Abilene,” he said.
Commissioner John Zutavern said he was concerned, too, about the location being near two active churches.
Cosby did ask the commission to be progressive and to enforce ordinances and make it clear what standards the community is looking for in Abilene’s historic downtown area.
“A strong and clear stand now will place Family Video on notice of your resolve and will most certainly influence their marketing strategy,” Cosby said. “Imagine Family Video deciding that their first action will be to take Abilene to court for damages. What damages? At this point their investment is minimal, later, that will not be the case. In addition it would be a public relations worse-case scenario for them to force their will upon a town in conflict with their corporate values.”
Cosby asked the commission to consider moving in the same direction as county zoning committees. He said they were working toward a court-proven ordinance in regard to sexually oriented businesses that will meet court standards. The concern about harmful secondary effects presented by the sexual entertainment industry is real, he said.
“A strong wind of defending family values is sweeping through Dickinson County,” Cosby said. “There is not a county in Kansas that has not taken notice of the noble struggle that Dickinson County is currently engaged in. The result is that other Kansas communities are looking to us for leadership as they have tasted the bitter fruit of the pornography industry. Many are either implementing or reworking their own sexually oriented businesses ordinances to follow our example.”
Community development director James Holland said he was concerned about using a definition that is not very clear on how to enforce.
The definition of adult retail uses contained within the sexually oriented business licensing requirements states that a “significant or substantial portion” of various business activities be related to adult material before a license is required, he said in a memorandum. Although the Supreme Court has upheld definitions using the “significant or substantial” language, from an administrative view it is difficult to regulate and be consistent without measurable standards.
The most common measures are floor space devoted to adult material, adult material in stock and gross sales, Holland said. Kansas cities vary from 10 percent to 30 percent, he said. If the standard was floor space might be the most practical way of enforcing such an amendment.
The company has not filed any building permits, city officials said.