quasi in rem

Sunday, January 25, 2004

Zoning Laws Sought to prevent gambling activity

Washington state legislature seeks to enact curbs on the spread of gambling.

Gambling Magazine reports that "Local officials yesterday called on the Legislature to clarify their powers to control so-called mini-casinos and other gambling activities through zoning." However, even in the land of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), the limits of zoning power are still unclear. Renton of course, upheld zoning restrictions on adult motion picture theatres based on reports showing the secondary effects of such businesses in other cities. No adult motion picture theater could be located within 1000 feet of any residential zone, single- or multi-family dwelling, church or park, or within one mile of any school.

Generally speaking, the First Amendment does not require a city to conduct new studies or produce evidence independent of studies prior to enacting a zoning ordinance. However it is unclear what exactly the secondary effects of these cardrooms are.


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