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When Walgreens sells a panoply of sex toys, how does that affect defining entities as adult entertainment businesses?

Mar 22, 2012 When Walgreens sells a panoply of sex toys, how does that affect defining entities as adult entertainment businesses?

While my law practice focuses on criminal defense, I also do First Amendment defense, with gusto, including adult entertainment defense. One thing that gnaws at me is the backdoor efforts of so many local governments to shut down adult businesses by zoning them –even existing businesses — into hinterlands that are more expensive to locate in — and often with barely enough locations to accommodate all the adult businesses — and that sometimes require zoning experts to assure that the businesses are not within a certain distance of other adult entertainment businesses, schools, parks, homes, and houses of worship, among other places. One of the goals, then, of businesses is to avoid being designated as adult in order to avoid being zoned into the hinterlands.

Enter Walgreens, which has been selling a panoply of sex toys — at least online — which tends to be one of the criteria in determining whether a business is an adult entertainment business. If Walgreens is going to be permitted to continue to operate as a non-adult business, gone will be the opportunity of zoners to automatically designate a business as an adult business merely for selling sex toys.

Congratulations to Walgreens for putting practicality of market demand over prudery. Thanks to a fellow listserv member for the link to Walgreens’ sex toy page.

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