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Washington City Imposes Adult Business Moratorium

AUBURN, Washington — When Deja Blue proposed to move its adult-video shop into a strip mall between a pet store and a take-out pizza joint here, about 100 people who lived nearby rose up in opposition, picketed and persuaded the owner to turn tail.

So perhaps it’s not surprising that when Auburn’s planning commission took up the topic of adult-oriented businesses this week, the majority of those in attendance asked that the commissioners do everything legally possible to bar such businesses from the city.

“Pornography,” resident Julie Mullen told the commission, “is the antithesis of what we are trying to do in Auburn. Keep this stuff as far out of the reach of our children and our families as possible.”

Auburn is just one of several cities trying to balance the desire to cleanse themselves of strip clubs and triple-X video stores against the constitutional rights of such businesses to exist.

Seattle, unable to come to an agreement about how to regulate strip clubs, 16 years ago slapped a moratorium on new ones. The temporary ban still holds, and renewing it annually has become automatic.

In Lakewood last night, the city returned to the drawing board after several failed attempts to regulate the six adult-oriented businesses there.

“What Lakewood is doing is quite different and novel,” said attorney Gil Levy, who has represented a number of sex industry businesses, including Rick’s in Seattle and Elmo’s Books in Lakewood. “The city has actually invited adult businesses to come into the decision-making process.”

But that is after trying to effectively zone the businesses out of the city. A federal court shot that down. Then Lakewood tried to corral them into a small triangle along South Tacoma Way. That raised the ire of businesses already there.

So the city backed away.

It has been two years since Auburn residents blocked the Deja Blue store, and since the City Council enacted a moratorium on businesses of that sort.

But moratoriums can’t go on forever, said Auburn City Attorney Dan Heid.

Yet, Seattle seems poised to again extend its own. Councilman Peter Steinbrueck has talked about ending the Seattle moratorium and governing where adult cabarets can open, but he apparently lacks support on the council.

Auburn is looking to expand the definition of a “sexually oriented business,” to restrict such businesses to certain areas of the city and to determine whether to let the existing shops remain where they are or to force them to move.

There are only four such businesses in Auburn, according to city planners: Video Blue II, Lover’s Package, and two convenience stores that also sell magazines and rent X-rated videos.

Since the moratorium has been in effect, at least three businesses have asked about moving to Auburn, said Paul Krauss, community development director.

The planning commission also discussed defining a “sexually oriented business” by the percentage of its sales and floor space taken up by adult products.

“I think we have a right to say how many of these (sexually oriented products) should be inside a business,” said planning commissioner Renee Larsen.

But at least one other commissioner thought the proposal was too harsh on more “mainstream” adult shops, such as Lover’s Package. And that company’s executives agree.

“My concern is being the baby that’s thrown out with the bathwater,” said Phyllis Heppenstall, president of Lover’s Package’s parent company. “People should have a safe, comfortable place to shop for sensual products.” She added that the city doesn’t need to intervene.

“Let the people vote with their purchases,” Heppenstall said to the commission. “I would not be here if the community did not support my store — I couldn’t be.”

The meeting ended without a consensus. And Auburn city officials expect to extend the moratorium.

 

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