Bergthold, an expert in the drafting and defense of sexually oriented business ordinances, supplied city leaders with several studies on secondary effects. He also appeared before the council Tuesday night.

"Courts don't let you ban sexually oriented businesses," Provo City Attorney Bob West said. "There is a balancing act between free speech rights and protecting citizens from these secondary effects. These court rulings explain how to do that, so we want to be current and updated."

Provo's ordinance requires a shop it considers a sexually oriented business to pay a $100 initial fee for the sexually oriented business license. The license must be renewed each year for $50.

The ordinance also requires sexually oriented businesses to pay for a license for each employee, with a $50 initial fee for each and a $25 annual renewal. All employees must undergo background checks.

The state Supreme Court upheld such licensing, finding that "absent evidence that the classification functions as some governmental mark of Cain, the licensing requirements are constitutionally sound because they have no effect on businesses."

Cassell ruled similarly about Roy's ordinance in September, though he didn't define whether Doctor John's fell under the definition of a sexually oriented business.

"It's a pretty innocuous ordinance," said Robert Keller, an attorney who represents Roy. "The key is it doesn't try to put anybody out of business. The courts are more leery when you try to shut somebody down."

Doctor John's continues to defy Roy's ordinance, and the city has sued in 2nd District Court in Ogden, seeking an enforcement order.

Provo council members Paul Warner and Midge Johnson were absent for Tuesday night's vote.

"I have been so very concerned for the safety of our children," Provo resident Leslie Probert told the City Council during Tuesday's public hearing. "I thank you for protecting our city with an ordinance that will stand for a long time."

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