8th Circuit upholds Florence, MN zoning ordinance regulating sexually oriented businesses

Peterson v. City of Florence Minnesota, No. 12-3017 (8th Cir. Aug. 16, 2013)

While Peterson contests the validity of the zoning ordinance in Lyon County
and the exact acreage which is zoned for adult entertainment uses, he does not dispute
that there exist areas within the county for such use. Peterson’s own expert, Bruce
McLaughlin, states that 204.26 (or 32.22%) of the total acres zoned for commercial
-6-use in Lyon County are available for adult entertainment uses. This availability
would provide Peterson with a reasonable alternative for operating an adult
entertainment businessin the county. See Alexander v. City of Minneapolis, 928 F.2d
278 (8th Cir. 1991) (concluding an ordinance that permitted access to at least 6.6%
of the total acreage of commercial land left open reasonable alternative avenues for
communication). Accordingly, the zoning ordinances in question do not violate
Peterson’s constitutional rights relating to the operation of his adult entertainment
business.