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In South Dakota: Bill limits new adult businesses

PIERRE, South Dakota – A bill to restrict adult-oriented businesses won a unanimous vote Wednesday in the Senate Local Government Committee.

The bill, which has passed the House, would require such businesses to be at least a quarter-mile from homes, schools and playgrounds and would limit the hours of overnight operation. Existing businesses would be exempt from the provisions, a feature of the bill that caused some concern from a witness.

The bill makes sense, because adult-oriented businesses are showing up in various places in South Dakota, including one near Salem, Sen. Arnie Hauge, [pictured] R-Canistota, said.

“Salem has tried everything they can the last three or four years to eliminate the business,” Hauge said. He said he was told 90 percent of the license plates “at what’s called the Gentlemen’s Club” are from out of the county. Thirty percent are from Minnesota and Iowa, he said.

“It’s been a real problem for our county,” Hauge said. The bill might not close the existing club, but “I guess it would prevent a future one from coming in.”

Dick Gregerson, representing the South Dakota Newspaper Association, said the measure affects free speech.

“It does affect free speech,” Gregerson said. “Free speech can be things we don’t like, that we disagree with violently. Still, it is our obligation as citizens, and your obligation as legislators, to protect that right.”

He also said the bill denies equal protection under laws. “What you’re doing is giving existing businesses a monopoly. Nobody can compete with them.”

Maybe not, but it’s a start, said Sen. Tom Katus, D-Rapid City. He called the measure “an awfully weak bill. If anything, it may be called the porn protection act. You’re protecting businesses that maybe have a monopoly.”

But it’s a small step in the right direction for control of the industry, he said.

The bill now needs approval by the full Senate.

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