Plaintiffs contend that the court improperly applied the analysis as set forth in
City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 106 S.Ct. 925, 89 L.Ed.2d 29 (1986). For the following reasons, this Court adopts the Magistrate/Judge's conclusion that
Renton is applicable when analyzing Ordinance 90–65. First, the ordinance at issue in
Renton was a zoning ordinance, which prohibited any adult motion picture theater from locating within 1,000 feet of any residential zone, single or multi-family dwelling, church, or park, and within one mile of any school.
Id. at 44, 106 S.Ct. at 927. Similarly, Ordinance 90–65 prohibits adult use establishments (“AUE's”) from locating within 400 feet of any residentially zoned property, church, school, child care facility, public recreation area, or any other AUE. Because both the ordinance at issue in
Renton and Ordinance 90–65 are zoning ordinances, which establish restrictions on the location of certain businesses, they are analogous. Thus, the Magistrate/Judge properly applied the
Renton decision.