SEXUALLY ORIENTED BUSINESS LAWS TOO HEAVY-HANDED, ATTORNEY SAYS

The laws Salt Lake City is using to force sexually oriented businesses out of town could be compared to using a sledge hammer to swat a mosquito, attorney Gerry Mooney contends.

The "overkill and intimidation" create an issue that Mooney hopes to appeal to the U.S. Supreme Court.Mooney represents the several city businesses that filed suit Monday against the city, asserting that the new ordinances are an unconstitutional attempt to deny civil rights to freedom of speech and freedom of the press.

The businesses are asking for an injunction against the city, preventing enforcement of the law. They also want 3rd District Judge Leonard Russon to declare new ordinances unconstitutional.

Assistant City Attorney Bruce Baird said the city was sensitive to constitutional issues when the ordinance was drafted and is prepared for the legal challenge.

"It's a huge lawsuit. We're not too worried about it in general. There may be some specifics we need to look at," Baird said.

When the City Council on April 5 adopted its strict business licensing and zoning ordinance regulating sexually oriented businesses, it was hailed as one of the most restrictive laws in the country.

The city's ordinance requires strict disclosure of the owners and partners of adult-oriented businesses and allows such establishments to operate only within a certain zone of the city, separated from churches, schools, parks, residential areas and the city's gateways.

The ordinance was adopted after extensive research of regulations in other communities that had been upheld through the court system. "Most of the sections in our ordinance were drawn from other ordinances and have been upheld (by the courts)," Baird said. "We didn't adopt certain other provisions from other jurisdictions because we have concerns about their constitutionality."

Baird did admit that Salt Lake City is the first municipality to legislate so many restrictions on sexually oriented businesses.

A hearing date has not been set.

The businesses suing the city include: Dream Escorts, AAA Entertainment, Playmates Escorts, Angels Escorts, Nouveau Riche Escorts and Utah Dancers Association.

Individuals listed as plaintiffs on the complaint are: Kimberly Guinther, president of Utah Dancers Association; Stephanie Kallas, a professional escort; W. Andrew McCullough and Ron Memmott, photographers who wish to take pictures of nude models, and Dan Hulst, who would like to view nude dancing, the suit says.