THE MEDIA COALITION INC.

E-MAIL: MEDIACOALITION@MEDIACOALITION.ORG

The members of The Media Coalition believe that Florida House Bill 1777 and Senate Bill 2118 threatens the distribution of First Amendment-protected material in Florida. Media Coalition members represent most of the publishers, booksellers, librarians, periodical wholesalers and distributors, recording, movie and video game manufacturers, and recording and video retailers in Florida and the rest of the United States.

H.B. 1777 and S.B. 2118 would bar any new "adult entertainment establishment or other adult establishment" that show or exhibit material harmful to minors from opening within 2500 feet of any real property that comprises a public or private school unless the use is approved by the county or municipality. "Adult entertainment establishment" would be defined as any business, or portion thereof, that offers any written or visual material that depicts actual or simulated sexual activity or display of any genitals, buttocks or female breast. Violation of H.B. 1777 or S.B. 2118 is a third degree felony.

The legislature has the power to regulate the "secondary effects" of sexually oriented businesses but the Supreme Court has established limits on this power. The regulation must be designed to further an important or substantial government interest; The governmental interest must be unrelated to the suppression of speech; and the regulation must be narrowly tailored to further the government interest in preventing the unwanted secondary effects. City of Erie v. Pap’s A.M., __ U.S. __ (decided March 29, 2000); Barnes v. Glenn Theatre, Inc., 501 U.S. 560 (1991); Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986).

It is very unlikely that H.B. 1777 and S.B. 2118 would meet this test. There is little reason to believe that imposing zoning restrictions to locating mainstream businesses within 2500 feet of any school property will prevent unwanted secondary effects this bill seeks to reduce. However, H.B. 1777 and S.B. 2118 would have a serious chilling effect on many retailers of First Amendment protected material. The extremely broad definition of "adult entertainment establishment" would require a prospective store owner to decide whether to carry popular movies, books and music or be deemed an "adult entertainment establishment" and face a zoning hearing prior to opening a store, potentially in many prime locations. Among the businesses that could be included under these bills are movie theaters that show "R" rated films, bookstores that stock health or sex self help sections, record stores that carry music with adult lyrics and many convenience stores that sell mainstream magazines such as People or Vogue that occasionally include nudity . Book, record and video stores often carry mainstream material that might be harmful to minors but is acceptable for adults.