Oregon Regulation of Sexually Oriented Businesses’ Locations, Measure 87 (2000)

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Oregon Ballot Measure 87 (2000) or House Joint Resolution (HJR) 52 is a legislatively-referred constitutional amendment that would allow local governments to specially zone the location of sexually oriented businesses without showing any threatened or actual harm, to the extent that the United States Constitution permits. The "sexually oriented businesses" covered by Ballot Measure 87 are those whose "principal business" is: nude dancing; nude entertainment; or the production, distribution or display of representations of sexual activity.[1]

Election results

This measure failed at the November 2000 General Election.

Measure 87
ResultVotesPercentage
Defeatedd No771,90152.6%
Yes 694,410 47.4%

Ballot title

Amends Constitution: Allows Regulation Of Location Of Sexually Oriented Businesses Through Zoning[2]


Support

[3] Many supporters of the measure, such as religious groups, are simply opposed to the pornography industry and would welcome the restrictions on it. Others are opposed for reasons having nothing to do with religion and claim they are not anti-porn but simply believe the zoning of sexually explicit businesses should be regulated just the same way as gas stations, farms, or liquor stores, for example. This would prevent cases where sex shops are opened right across from homes or just blocks away from an elementary school. Many believed that it is just simply unfair that an adult oriented business can open where many people don't want it, and no one can do anything about it.

Some of those opposed to the measure are:

  • Oregonians for Children
  • Parents Education Association
  • Many state representatives, mayors, and senators

Opposition

[4] Many opposed to the measure argued that the issue is not about whether you support or oppose adult entertainment, but that the issue is freedom. Many believed that the measure is going to be used to completely freeze out adult entertainment, not just regulate it. They encourage people to oppose the measure no matter how they feel about the industry and recognize that "there is a fine line between showing someone how you believe life should be lived, and telling them how they should live. This measure crosses that line".

Many see the measure as simply a threat to freedom of expression and a way of putting too much power in the government's hands. They also point out the dangers of letting government decide what qualifies as a "sexually oriented" business. The No Censorship - No on Measure 87 Committee, said, "There is no telling which art galleries, theaters, concert halls, book stores or neighborhood video stores might fit the politicians' idea of a "sexually oriented business" if Measure 87 is approved".

Some others opposed to the measure are:

  • Oregon Coalition for Free Expression
  • American Civil Liberties Union of Oregon (ACLU)
  • Libertarian Party of Oregon

See also

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References