N.J. Supreme Court: Towns can reject sexually oriented businesses, citing locations in other states

NJ Star Ledger: Not in my state! N.J. court rules towns can reject adult entertainment, citing locations in other states
“A long legal battle to shut down a nude juice bar in Sayreville took a new turn Thursday when the New Jersey Supreme Court ruled that the availability of strip clubs in neighboring states could be used as part of an argument for keeping them out of local communities here.”

Asbury Park Press: Dispute over nude nightclub may go to Supreme Court

Borough of Sayreville v. 35 Club, L.L.C. No. A-66-10 (N.J. Jan. 19, 2012)

From the Opinion Syllabus:

The question in this appeal is whether a court may consider, as part of its determination of an as-applied challenge to the State’s statute limiting the places where sexually-oriented businesses may operate, the availability of alternative channels of communication that are located in another state.

. . .

HELD: In evaluating the adequacy of alternative channels of communication when deciding an as-applied constitutional challenge to the State’s statute limiting the places where sexually-oriented businesses may operate, trial courts are not precluded from considering the existence of sites that are located outside of New Jersey but that are found within the relevant market area as defined by the parties’ experts.