city los angeles alameda books et argued december decided may based study concluding concentrations adult entertainment establishments associated higher crime rates surrounding communities petitioner city enacted ordinance prohibiting enterprises within feet within feet religious institution school public park los angeles municipal code ordinance method calculating distances created loophole permitting concentration multiple adult enterprises single structure city later amended ordinance prohibit one adult entertainment business building respondents two adult establishments openly operate combined arcades violation amended sued declaratory injunctive relief alleging ordinance face violates first amendment finding ordinance regulation speech district reasoned neither study report cited hart book stores edmisten fourth circuit case upholding similar statute supported reasonable belief adult establishments produce secondary effects city asserted justifications prohibition subjecting strict scrutiny granted respondents summary judgment felt city offered evidence demonstrating prohibition necessary serve compelling government interest ninth circuit affirmed different ground even ordinance content neutral city failed present evidence upon reasonably rely demonstrate regulation establishments designed serve substantial interest reducing crime therefore held ordinance invalid renton playtime theatres held judgment reversed case remanded reversed remanded justice joined chief justice justice scalia justice thomas concluded los angeles may reasonably rely study demonstrate present ban adult establishments serves interest reducing crime pp study central component los angeles police department report indicating crime rates robbery prostitution grew much faster hollywood city largest concentration adult establishments city whole city may reasonably rely police department conclusions regarding crime patterns overcome summary judgment finding contrary ground study focused effect crime rates concentration establishments concentration operations within single establishment ninth circuit misunderstood study implications study reveals areas high concentrations adult establishments associated high crime rates areas also areas high concentrations adult operations albeit separate establishments therefore consistent study findings thus reasonable city infer reducing concentration adult operations neighborhood whether within separate establishments one large establishment reduce crime rates neither ninth circuit respondents dissent provides reason question city theory accept view effectively require city provide evidence supports claim ordinance serves important government interest also provide support approach serve interest renton specifically refused set high bar municipalities want address merely secondary effects protected speech held municipality may rely evidence reasonably believed relevant demonstrating connection speech substantial independent government interest case early stage process arrives summary judgment motion respondents defended complaints study fails prove city justification ordinance necessarily correct therefore must concluded city stage litigation complied renton evidentiary requirement pp need resolve parties dispute whether city rely evidence hart book stores overcome summary judgment respondents alternative argument ordinance time place manner regulation effectively ban adult video arcades must subjected strict scrutiny pp justice kennedy concluded precedents may allow los angeles impose regulation exercise zoning authority city least foreclosed summary judgment pp renton playtime theatres city decrease crime blight associated adult businesses exercising zoning power time leave quantity accessibility speech substantially undiminished first amendment objection even measure identifies problem outside establishments reference speech inside even measure content based hand city may regulate secondary effects speech suppressing speech example may impose fee tax see arkansas writers project ragland even government purports justify fee reference secondary effects see forsyth county nationalist movement ordinance issue typical restriction law suppressing speech suggested fact limited expressive activities extends massage parlors city found cause undesirable secondary effects also one part elaborate web regulations intended promote social value land whole without suppressing activities favoring others thus ordinance suspect must subjected strict scrutiny laws demand instances rather calls intermediate scrutiny renton held pp renton description ordinance similar los angeles content neutral something fiction ordinances content based described nevertheless renton central holding sound pp necessary rationale applying intermediate scrutiny promise zoning ordinances like one issue may reduce costs secondary effects without substantially reducing speech two adult businesses roof ordinance requiring separate one two results one business either move elsewhere close city premise latter premise must businesses even always one roof part disperse rather shut quantity speech substantially undiminished total secondary effects significantly reduced whether sufficient evidence support proposition consistently held city must latitude experiment least outset little evidence required see renton supra proposition shown supported common experience study showing correlation concentration adult establishments crime assuming study supports city original dispersal ordinance necessary analysis follows justify ordinance issue city may infer study experience two adult businesses roof better two next door knocking wall two ameliorate undesirable secondary effects proximity one another city first ordinance justified therefore second pp considerations seem well enough established common experience case law ordinance survives summary judgment announced judgment delivered opinion rehnquist scalia thomas joined scalia filed concurring opinion kennedy filed opinion concurring judgment souter filed dissenting opinion stevens ginsburg joined breyer joined part ii city los angeles petitioner alameda books et al writ certiorari appeals ninth circuit may justice announced judgment delivered opinion chief justice justice scalia justice thomas join los angeles municipal code amended prohibits establishment maintenance one adult entertainment business building structure portion thereof respondents two adult establishments operated adult bookstore adult video arcade building filed suit rev stat supp alleging violates first amendment seeking declaratory injunctive relief district granted summary judgment respondents finding city los angeles prohibition regulation speech failed strict scrutiny appeals ninth circuit affirmed different grounds held even regulation city failed demonstrate prohibition designed serve substantial government interest specifically appeals found city failed present evidence upon reasonably rely demonstrate link adult establishments negative secondary effects therefore appeals held los angeles prohibition establishments invalid renton playtime theatres precedents interpreting case reverse remand city los angeles may reasonably rely study conducted years enacting present version demonstrate ban adult establishments serves interest reducing crime city los angeles conducted comprehensive study adult establishments concluded concentrations adult businesses associated higher rates prostitution robbery assaults thefts surrounding communities see app los angeles dept city planning study effects concentration adult entertainment establishments city los angeles city plan case city council file june accordingly city enacted ordinance prohibiting establishment substantial enlargement transfer ownership adult arcade bookstore cabaret motel theater massage parlor place sexual encounters within feet another enterprise within feet religious institution school public park see los angeles municipal code evidence intent city council enacting prohibition disperse distinct adult establishments housed separate buildings also disperse distinct adult businesses operated common ownership housed single structure see app los angeles dept city planning amendment proposed ordinance prohibit establishment one adult entertainment business single location city plan case city council file ordinance city enacted however directed distance two adult entertainment businesses shall measured straight line closest exterior structural wall business los angeles municipal code subsequent enactment city realized method calculating distances created loophole permitting concentration multiple adult enterprises single structure concerned allowing department store replace strip adult establishments defeat goal original ordinance city council amended adding prohibition establishment maintenance one adult entertainment business building structure portion thereof los angeles municipal code amended ordinance defines adult entertainment business adult arcade bookstore cabaret motel theater massage parlor place sexual encounters notes enterprises shall constitute separate adult entertainment business even operated conjunction another adult entertainment business establishment ordinance uses term business refer certain types goods services sold adult establishments rather establishment relevant purposes case also ordinance definitions adult bookstores arcades adult bookstore operation substantial portion offers sale printed matter videocassettes emphasize depiction specified sexual activities adult arcade operation form consideration five fewer patrons together may view films videocassettes emphasize depiction specified sexual activities respondents alameda books highland books two adult establishments operating los angeles neither located within feet another adult establishment feet religious institution public park school establishment occupies less square feet respondents rent sell sexually oriented products including videocassettes additionally provide booths patrons view videocassettes fee although respondents located different buildings operates retail sales rental operations commercial space video booths located physical distinctions different operations within establishment establishment one entrance respondents concede openly operating violation city code amended brief respondents brief petitioner city building inspector found alameda books operating adult bookstore adult arcade violation city adult zoning regulations respondents joined plaintiffs sued declaratory injunctive relief prevent enforcement ordinance issue case count complaint alleges facial violation first amendment city respondents filed summary judgment district central district california initially denied motions first amendment issues count concluding genuine issue fact whether operation combination video rental video viewing business leads harmful secondary effects associated concentration separate businesses single urban area app respondents filed motion reconsideration however district found los angeles prohibition adult establishments regulation speech app pet cert reasoned neither city study report cited hart book stores edmisten upholding north carolina statute also banned adult establishments supported reasonable belief adult establishments produced secondary effects city asserted justifications prohibition app pet cert therefore district proceeded subject los angeles ordinance strict scrutiny felt city offer evidence demonstrate prohibition necessary serve compelling government interest district granted summary judgment respondents issued permanent injunction enjoining enforcement ordinance respondents appeals ninth circuit affirmed although different grounds appeals determined reach district decision los angeles ordinance content based even ordinance content neutral city failed present evidence upon reasonably rely demonstrate regulation establishments designed serve city substantial interest reducing crime challenged ordinance therefore invalid renton granted certiorari clarify standard determining whether ordinance serves substantial government interest renton supra ii renton playtime theatres supra considered validity municipal ordinance prohibited adult movie theater locating within feet residential zone family dwelling church park school analysis ordinance proceeded three steps first found ordinance ban adult theaters altogether merely required distanced certain sensitive locations ordinance properly analyzed therefore time place manner regulation next considered whether ordinance content neutral content based regulation content based considered presumptively invalid subject strict scrutiny simon schuster members state crime victims arkansas writers project ragland held however renton ordinance aimed content films shown adult theaters rather secondary effects theaters surrounding community namely crime rates property values quality city neighborhoods therefore ordinance deemed content neutral renton supra finally given finding stated ordinance upheld long city renton showed ordinance designed serve substantial government interest reasonable alternative avenues communication remained available concluded renton met burden upheld ordinance appeals applied analysis evaluate los angeles ordinance challenged case first appeals found los angeles ordinance complete ban adult entertainment establishments rather sort adult zoning regulation renton considered time place manner regulation appeals turned second step renton analysis draw conclusions whether los angeles ordinance content based explained even los angeles ordinance content neutral city failed demonstrate required third step renton analysis prohibition adult establishments designed serve substantial interest reducing crime appeals noted primary evidence relied upon los angeles demonstrate link combination adult businesses harmful secondary effects study conducted city planning department appeals found however city rely study suppor reasonable belief combination businesses produced harmful secondary effects type asserted similar reasons appeals also rejected city attempt rely report health conditions inside adult video arcades described hart book stores case upheld north carolina statute similar los angeles ordinance challenged case central component study report city crime patterns provided los angeles police department report indicated period certain crime rates grew much faster hollywood largest concentration adult establishments city city los angeles whole example robberies increased times faster prostitution times faster hollywood citywide app study also contains reports conducted directly staff los angeles planning department examine relationship adult establishments property values staff reports however inconclusive surprisingly parties focus dispute report los angeles police department find reducing crime substantial government interest police department report conclusions regarding crime patterns may reasonably relied upon overcome summary judgment city also focus portion study drawn police department report appeals found study reasonably support inference concentration adult operations within single adult establishment produced greater levels criminal activity study focused effect concentration establishments concentration operations within single establishment crime rates appeals pointed study treated combination adult single establishments study effect adult bookstore arcade appeals misunderstood implications study study reveals areas high concentrations adult establishments associated high crime rates areas high concentrations adult establishments also areas high concentrations adult operations albeit separate establishments therefore consistent findings study thus reasonable los angeles suppose concentration adult establishments correlated high crime rates concentration operations one locale draws example greater concentration adult consumers neighborhood high density consumers either attracts generates criminal activity assumption behind theory number adult operations one single adult establishment draws dense foot traffic number distinct adult establishments close proximity much minimalls department stores similarly attract crowds consumers brief petitioner view rational city infer reducing concentration adult operations neighborhood whether within separate establishments one large establishment reduce crime rates neither appeals respondents dissent provides reason question city theory particular offer competing theory let alone data explains elevated crime rates neighborhoods concentration adult establishments attributed entirely presence permanent walls separate entrances individual adult operation city certainly bears burden providing evidence supports link concentrations adult operations asserted secondary effects bear burden providing evidence rules every theory link concentrations adult establishments inconsistent error appeals made required city prove theory concentration adult operations attracting crowds customers much like minimall department store necessary consequence study example appeals refused allow city draw inference expansion adult bookstore include adult arcade increase business activity produce harmful secondary effects identified study reasoned inference justify limits inventory adult bookstore ban combination adult bookstore adult arcade appeals simply replaced city theory many different operations close proximity attracts crowds size operation attracts crowds appeals theory correct inventory limits make sense city theory correct prohibition combination businesses makes sense theories consistent data study appeals analysis however implicitly requires city prove theory one plausibly explain data manner city refute appeals logic respondents make logical error appeals suggest city prohibition multiuse establishments raise crime rates certain neighborhoods force certain adult businesses relocate areas without adult businesses respondents claim assumes study proves adult businesses whether located near adult businesses generate crime plausible reading results study respondents demonstrate compelled reading provide evidence refutes city interpretation study city prohibition balance reduce crime nevertheless accept respondents speculation effectively require city provide evidence supports claim ordinance serves important government interest also provide support approach serve interest renton specifically refused set high bar municipalities want address merely secondary effects protected speech held municipality may rely evidence reasonably believed relevant demonstrating connection speech substantial independent government interest souter concurring judgment permitting municipality use evidence adult theaters correlated harmful secondary effects support claim nude dancing likely produce effects say municipality get away shoddy data reasoning municipality evidence must fairly support municipality rationale ordinance plaintiffs fail cast direct doubt rationale either demonstrating municipality evidence support rationale furnishing evidence disputes municipality factual findings municipality meets standard set forth renton plaintiffs succeed casting doubt municipality rationale either manner burden shifts back municipality supplement record evidence renewing support theory justifies ordinance see erie pap plurality opinion case early stage process arrives summary judgment motion respondents defended complaints study fails prove city justification ordinance necessarily correct therefore conclude city stage litigation complied evidentiary requirement renton justice souter faults city relying study study fails support city theory adult department stores like adult minimalls attract customers thus crime city demonstrate adult establishments reduce crime see post dissenting opinion effect justice souter asks city demonstrate merely appeal common sense also empirical data ordinance successfully lower crime cases never required municipalities make showing certainly without actual convincing evidence plaintiffs contrary see barnes supra souter concurring judgment requirement go far undermining settled position municipalities must given reasonable opportunity experiment address secondary effects protected speech renton supra quoting young american mini theatres plurality opinion municipality considering innovative solution may data demonstrate efficacy proposal solution definition implemented previously city ordinance banning adult establishments solution respondents contend adult video arcades los angeles county operate independently adult bookstores see brief respondents without arcades city treatment group compare control group adult establishments without comparison justice souter strike city ordinance leaves city means address secondary effects concerned deference evidence presented city los angeles product careful balance competing interests one one hand obligation exercise independent judgment first amendment rights implicated turner broadcasting system fcc plurality opinion see also landmark communications virginia hand must acknowledge los angeles city council better position judiciary gather evaluate data local problems see turner supra erie pap supra plurality opinion also guided fact renton requires municipal ordinances receive intermediate scrutiny content neutral renton supra less reason concerned municipalities use ordinances discriminate unpopular speech see erie supra justice souter us rethink balance indeed entire renton framework renton distinguished inquiry whether municipal ordinance content neutral inquiry whether designed serve substantial government interest unreasonably limit alternative avenues communication former requires courts verify predominate concerns motivating ordinance secondary effects adult speech content adult speech latter inquiry goes one step asks whether municipality demonstrate connection speech regulated ordinance secondary effects motivated adoption ordinance stage renton contemplate courts examine evidence concerning regulated speech secondary effects justice souter either merge two inquiries move evidentiary analysis inquiry content neutrality raise evidentiary bar municipality must pass logic verifying ordinance actually reduces secondary effects asserted ensure zoning regulations merely regulations disguise see post think proposal unwise first none parties request depart renton framework proposal fairly encompassed question presented focuses sorts evidence upon city may rely demonstrate ordinance designed serve substantial governmental interest pet cert second evidence suggesting courts difficulty determining whether municipal ordinances motivated primarily content adult speech secondary effects without looking evidence connecting speech asserted secondary effects case appeals yet opportunity address issue assumed sake argument city ordinance content neutral inappropriate reach question content neutrality permitting lower pass upon finally justice souter clarify sort evidence upon municipalities may rely meet evidentiary burden require easy say courts must demand evidence common experiences common assumptions incorrect see post difficult courts know ahead time whether condition met municipalities general greater experience understanding secondary effects follow certain protected speech courts see pap plurality opinion reason cases require municipalities rely upon evidence reasonably believed relevant secondary effects seek address iii city los angeles argues prohibition multiuse establishments draws support study poor health conditions adult video arcades described hart book stores case upheld north carolina ordinance similar challenged see respondents argue city rely evidence hart book stores city prove examined evidence enacted current version brief respondents respondents note moreover unsanitary conditions adult video arcades persist regardless whether arcades operated buildings say adult bookstores ibid however need resolve parties dispute evidence cited hart book stores unlike city renton city los angeles conducted study adult businesses concluded los angeles study provides evidence support city theory concentration adult operations one locale attracts crime reasonably relied upon demonstrate los angeles municipal code designed promote city interest reducing crime therefore city need present foreign studies overcome summary judgment concluding noted respondents argue alternative basis sustain appeals judgment los angeles ordinance typical zoning regulation rather respondents explain prohibition multiuse adult establishments effectively ban adult video arcades business exists independently adult bookstore brief respondents respondents request hold los angeles ordinance time place manner regulation subject ordinance strict scrutiny also appears theme justice kennedy concurrence contends city may assert reduce secondary effects reducing speech proportion post opinion concurring judgment consider unobjectionable proposition simply reformulation requirement ordinance warrants intermediate scrutiny time place manner regulation ban appeals held however city prohibition combination adult bookstores arcades ban respondents petition review determination accordingly reverse appeals judgment granting summary judgment respondents remand case proceedings ordered city los angeles petitioner alameda books et al writ certiorari appeals ninth circuit may justice scalia concurring join plurality opinion think represents correct application jurisprudence concerning regulation secondary effects pornographic speech said elsewhere however case first amendment traditions make secondary effects analysis quite unnecessary constitution prevent communities wish regulating indeed entirely suppressing business pandering sex see erie pap scalia concurring judgment dallas scalia concurring part dissenting part city los angeles petitioner alameda books et al writ certiorari appeals ninth circuit may justice kennedy concurring judgment speech produce tangible consequences change minds prompt actions primary effects signify power necessity free speech speech also cause secondary effects however unrelated impact speech audience newspaper factory may cause pollution billboard may obstruct view secondary consequences always immune regulation zoning laws even though produced speech municipal governments know high concentrations adult businesses damage value integrity neighborhood damage measurable real law require city ignore consequences uses zoning power reasonable way ameliorate without suppressing speech city interest attempting preserve quality urban life one must accorded high respect young american mini theatres plurality opinion question case whether los angeles seek reduce tangible adverse consequences separating adult speech businesses one another even two businesses always roof view precedents may allow city impose regulation exercise zoning authority city least foreclosed summary judgment concur judgment separate statement seems necessary however two reasons first renton playtime theatres described similar ordinance content neutral agree dissent designation imprecise second view plurality application renton might constitute subtle expansion concur renton determined material inside adult bookstores movie theaters speech consequent sordidness outside challenge correct latter leaving former far possible untouched city decrease crime blight associated certain speech traditional exercise zoning power time leave quantity accessibility speech substantially undiminished first amendment objection even measure identifies problem outside reference speech inside even measure sense content based hand city may regulate secondary effects speech suppressing speech city may example impose fee tax see arkansas writers project ragland fficial scrutiny content publications basis imposing tax entirely incompatible first amendment guarantee freedom press true even government purports justify fee reference secondary effects see forsyth county nationalist movement though inference may inexorable city reduce secondary effects reducing speech permissible strategy purpose effect zoning ordinance must reduce secondary effects reduce speech zoning measure consistent first amendment likely cause significant decrease secondary effects trivial decrease quantity speech well documented multiple adult businesses close proximity may change character neighborhood worse businesses spread across city may deleterious effects least theory dispersal ordinance causes businesses separate rather close negative externalities diminished speech calculus familiar one city planners many enterprises adult businesses also cause undesirable externalities factories example may cause pollution city may seek reduce cost externality restricting factories areas far residential neighborhoods careful urban planning city way may reduce costs pollution communities time allowing productive work factories continue challenge protect activity inside controlling side effects outside ordinance might like speech restriction content based might example single slaughterhouses specific zoning treatment restricting particularly remote part town without knowing however one hardly presume ordinance specific business city seeks discriminate help favored group one presume rather ordinance targets business particular noxious side effects cf cases wall business might well city valued enterprise nevertheless pollution causes may warrant special zoning treatment sort singling impermissible content discrimination sensible urban planning cf village euclid ambler realty nuisance may merely right thing wrong place like pig parlor instead barnyard validity legislative classification zoning purposes fairly debatable legislative judgment must allowed control true first amendment protects speech slaughterhouses contexts inference impermissible discrimination strong equally strong inference ordinance targeted activity side effects zoning ordinance directed secondary effects adult speech ordinance necessarily constitute impermissible content discrimination zoning law need blind secondary effects adult speech long purpose law suppress ordinance issue case limited expressive activities also extends example massage parlors city found cause similar secondary effects see los angeles municipal code amended ordinance moreover one part elaborate web regulations los angeles intended promote social value land whole without suppressing activities favoring others see purpose article consolidate coordinate existing zoning regulations provisions one comprehensive zoning plan order encourage appropriate use land promote health safety general welfare suggests ordinance nature typical restriction less nature law suppressing speech reasons ordinance suspect must employ usual rigorous analysis laws demand instances ordinance may covert attack speech presume language first amendment doctrine calls intermediate strict scrutiny held renton ii renton began noting zoning ordinance time place manner restriction proceeded consider question whether ordinance content based ordinance terms designed prevent crime protect city retail trade maintain property values generally protec preserv quality city neighborhoods commercial districts quality urban life suppress expression unpopular views internal quotation marks omitted premise designated restriction content neutral ibid appeared recognize however designation something fiction perhaps kept phrase quotes whether statute content neutral content based something determined face statute describes speech content content based ordinance renton treat ed theaters specialize adult films differently kinds theaters fiction sort ordinance content neutral content neutral perhaps confusing helpful justice souter demonstrates see post dissenting opinion also fiction commanded consistent adherence see thomas chicago park suggesting licensing scheme targeting businesses purveying sexually explicit speech content neutral ordinances content based call nevertheless reasons discussed central holding renton sound zoning restriction designed decrease secondary effects speech subject intermediate rather strict scrutiny generally government power restrict speech based content exceptions rule see simon schuster members state crime victims kennedy concurring judgment zoning regulations automatically raise specter impermissible content discrimination even content based prima facie legitimate purpose limit negative externalities land use matter common experience sorts ordinances like zoning restriction slaughterhouses less like tax unpopular newspapers zoning context provides legitimate rationale rebuts usual presumption restrictions unconstitutional reason apply intermediate rather strict scrutiny iii narrow question presented case whether ordinance issue invalid city study negative effects combinations adult businesses rather relied judicially approved statutory precedent jurisdictions pet cert question actually two questions first proposition city need advance order sustain ordinance second much evidence required support proposition plurality skips second question gives correct answer view attention must given first outset must identify claim city must make order justify zoning ordinance discussed city must advance basis show regulation purpose effect suppressing secondary effects leaving quantity accessibility speech substantially intact ordinance may identify speech based content shorthand identifying secondary effects outside city may assert reduce secondary effects reducing speech proportion point agree justice souter see post rationale ordinance must suppress secondary effects suppressing speech plurality statement proposition supported somewhat different suggests los angeles reason follows concentration operations one locale draws greater concentration adult consumers neighborhood high density consumers either attracts generates criminal activity number adult operations one single adult establishment draws dense foot traffic number distinct adult establishments close proximity reducing concentration adult operations neighborhood whether within separate establishments one large establishment reduce crime rates ante propositions seem reasonable inferences required get one next sensible nevertheless syllogism fails capture important part inquiry plurality analysis address speech fare city ordinance discussed necessary rationale applying intermediate scrutiny promise zoning ordinances like one may reduce costs secondary effects without substantially reducing speech reason suffice say inconvenience reduce demand fewer patrons lead fewer secondary effects reasoning easily justify tax increased prices reduce demand fewer customers mean fewer secondary effects tax may justified manner see arkansas writers project ragland forsyth county nationalist movement trick reduce secondary effects reducing speech audience city may attack secondary effects indirectly attacking speech analysis requires steps two adult businesses roof ordinance requiring separate one two results one business either move elsewhere close city premise latter true cutting adult speech half probably reduce secondary effects proportionately promised proportional reduction suffice taxes achieve yet impermissible premise therefore must businesses even always one roof part disperse rather shut true premise conundrum justice souter writes city claims interest proliferation adult businesses post claim therefore must ordinance cause two businesses split rather one close quantity speech substantially undiminished total secondary effects significantly reduced must rationale dispersal statute identifying proposition proved ask second part question presented sufficient evidence support proposition consistently held city must latitude experiment least outset little evidence required see renton plurality opinion general matter courts business empirical assessments city planners see renton supra los angeles city council knows streets los angeles better see turner broadcasting system fcc erie supra plurality opinion entitled rely knowledge inferences appear reasonable say basis conclusion case proposition shown supported single study common experience city study shows correlation concentration adult establishments crime two adult businesses close proximity seem attract critical mass unsavory characters crime rate may increase result city therefore sought disperse businesses los angeles municipal code amended original ordinance challenged may assume constitutional assume study supports original ordinance necessary analysis follows may posit two adult stores next door attract patrons per day two businesses split apart might attract patrons two patrons perhaps discouraged inconvenience separation relatively small cost speech hand reduction secondary effects might dramatic secondary effects may require critical mass depending economics vice potential might attract coterie thieves prostitutes yet might attract none dispersal ordinance cause great reduction secondary effects small cost speech indeed absence secondary effects might increase audience speech perhaps every two people discouraged inconvenience shopping another two encouraged hospitable surroundings case secondary effects might eliminated cost speech whatsoever city speaker interests well served one small step remains justify ordinance issue case city may next infer study experience two adult businesses roof better two next door city reach reasonable conclusion knocking wall two adult businesses ameliorate undesirable secondary effects proximity one another city first ordinance justified therefore second dispersing two adult businesses one roof reasonably likely cause substantial reduction secondary effects reducing speech little iv propositions well established common experience zoning policies already examined reasons ordinance invalid face assumptions proved unsound trial ordinance might withstand intermediate scrutiny ordinance however survive summary judgment motion appeals ordered granted case city los angeles petitioner alameda books et al writ certiorari appeals ninth circuit may justice souter justice stevens justice ginsburg join justice breyer joins part ii dissenting city los angeles studied sections city high low concentrations adult business establishments catering market erotic city found certain correlation location establishments depressed property values find correlation areas higher concentrations business higher crime rates basis los angeles followed examples cities adopting zoning ordinance requiring dispersion adult establishments assume ordinance constitutional adopted see young american mini theatres assume purposes case original ordinance remains valid city subsequently amended ordinance forbid clusters businesses one address mall city turn taken third step apply amendment prohibit even single proprietor business traditional way combines adult bookstore selling books magazines videos adult arcade consisting open viewing booths potential purchasers videos view fee policy dispersing adult establishments city thus moved policy dividing two justification claimed application new policy remains however survey supplemented authority one decided case regulating adult arcades another state case authority point see infra survey provides support breakup policy evidentiary insufficiency bears emphasis principal reason respectfully dissent judgment today ordinance stands falls results cases speak intermediate scrutiny generally contrasted demanding standard applied first amendment regulation expression variants tests cover restrictive statutes corresponding variety justifications spoken content neutral regulations uniformly distinct regulations calling scrutiny strict zoning businesses based sales expressive adult material receives scrutiny even though raises risk restriction worth clear close content basis adult business zoning get application standard zoning regulation adult bookstores calls particular care regulation applies expression reason said carries high risk expressive limits imposed sake suppressing message disagreeable listeners readers government see consolidated edison public serv hen regulation based content speech governmental action must scrutinized carefully ensure communication prohibited merely public officials disapprove speaker views internal quotation marks omitted restriction based content survives showing necessity serve legitimate compelling governmental interest combined narrow tailoring serve see playboy entertainment group since merely protecting listeners offense message legitimate interest government see cohen california strict scrutiny leaves survivors comparatively softer intermediate scrutiny reserved regulations justified something content message straightforward restriction going time place manner speech expression easy see review regulation may relatively relaxed one disagree message find something wrong loudspeaker three morning see kovacs cooper sentiment may provoke blasted sound sleep case ask simply whether regulation narrowly tailored serve significant governmental interest leave open ample alternative channels communication information clark community creative standard also applied limits expression action otherwise subject regulation nonexpressive purposes best known example prohibition destroying draft cards act protest regulation passes muster furthers important substantial governmental interest unrelated suppression free expression restriction greater essential furtherance interest mentioned already yet another variety zoning restriction means responding secondary effects adult businesses principally crime declining property values neighborhood renton playtime theatres although type restriction even called variety time place manner regulation equating zoning regulation mere regulation time place manner jumps important difference restriction loudspeakers obvious relationship substance broadcast zoning regulation businesses adult expression obviously may true adult business burdened secondary effects clearly burdened expressive products adult content thus recognized kind regulation though called content neutral occupies kind limbo restrictions regulations apply without reference substance said fact make sense give kind zoning regulation first amendment label called content correlated describe keep alert risk regulation poses risk lies fact law applies selectively speech particular content precisely content identified greater opportunity government censorship adult speech refers merely sexually explicit content speech reflecting favorable view explicit sex favorable view practices depicts restriction adult content thus also restriction turning particular viewpoint government may disapprove risk viewpoint discrimination subject relatively simple safeguard however combating secondary effects property devaluation crime truly reason regulation possible show empirical evidence effects exist caused expressive activity subject zoning zoning expected either ameliorate enhance capacity government combat say concentrating one area without suppressing expressive activity capacity zoning regulation address practical problems without eliminating speech possible excuse speaking zoning akin time place manner regulations examining claims causal relationships adult businesses increase secondary effects distinct disagreement zoning mitigation effects stress needs placed empirical character demonstration available see metromedia san diego udgments defying objective evaluation must carefully scrutinized determine public rationalization impermissible purpose young powell concurring ourts must alert possibility using power zone pretext suppressing expression weaker demonstration facts distinct disapproval adult viewpoint greater likelihood nothing condemnation viewpoint drives equal stress placed point requiring empirical justification claims property value crime demanding anything herculean increased crime like prostitution muggings declining property values areas surrounding adult businesses readily observable often untrained eye certainly police officer urban planner harms shown police reports crime statistics studies market value within municipality capacity available distilled experiences comparable communities see renton supra young supra precisely sort evidence readily available reviewing courts need wary government appeals evidence uncritical common sense effort justify zoning restriction common sense always illegitimate first amendment demonstration need independent proof varies point established zoning supported common experience reason question appealed common sense analogous cases even disagreed far took us see erie pap plurality opinion souter concurring part dissenting part must careful substituting common assumptions evidence evidence readily available public statistics municipal property valuations lest find evidence gathered assumptions highly debatable record case makes point become commonplace based cases concentrating adult establishments drives value neighboring property used purposes see renton young fact however city found general assumption unjustified study app lesson lesser scrutiny applied zoning restrictions excuse government failure provide factual demonstration claims makes secondary effects contrary demands demonstration see schad mount ephraim case however government shown bookstores containing viewing booths isolated adult establishments increase crime produce negative secondary effects surrounding neighborhoods thus left without substantial justification viewing city first amendment restriction content correlated simply content based token city failed show causal relationship breakup policy elimination regulation secondary effects ii cases subject referred studies undertaken varying degrees formality showing geographical correlations presence concentration adult business establishments enhanced crime rates depressed property values see renton supra young supra although held intermediate scrutiny legislation demand fresh evidentiary study factual basis published results investigations elsewhere reasonably thought applicable different municipal setting renton supra city took responsibility make enquiry app already mentioned study inconclusive correlation adult business lower property values reported association higher crime rates isolated adult establishments find geographical correlation higher concentrations adult establishments higher crime rates study hand los angeles enacted ordinance requiring dispersion adult stores theaters original position ordinance challenged today assume justification theory accepted young eliminating concentrations adult establishments spread documented secondary effects render manageable way application amendment us however different matter concern assumption behind amendment conglomeration adult businesses one roof minimall adult department store produce undesirable secondary effects comparable cluster separate adult establishments brings ante may may assumption clearly unsupported however goes city supposed interest applying amendment book video stores question applying break city course claims interest proliferation adult establishments ostensible consequence splitting sales viewing activities produce two stores one city assert interest limiting sale adult expressive material reducing number adult video booths city clear regulation city careful report disclaim intent app rather city apparently assumes bookstore selling videos providing viewing booths produces secondary effects crime crime result single store without booths one part town video arcade city neither says many words proffers evidence support even simple proposition otherwise lawfully located adult bookstore combined video booths produce criminal effects los angeles study treats combined stores one see draws general conclusion individual stores spread apart adult establishments basic los angeles ordinance associated degree criminal activity general norm city called attention empirical study even anecdotal police evidence supports city assumption fact los angeles study sheds light whatever city position light skepticism may fairly suspect study said nothing secondary effects freestanding stores effects observed reasonable supposition splitting consequence secondary effects inescapable point city even claim study provides support assumption previously accepted studies like city study showing causal connection concentrations adult business identified secondary since acceptable basis requiring adult businesses disperse housed separate premises certainly relevant argument made restricting concentration one spacious address effect sales traffic effects neighborhood even argument may justify ban adult minimalls ante provides support city proposes bookstores involved concentrations traditionally separate adult businesses studied shown association secondary effects exemplify new form concentration like mall one roof combinations selling viewing activities commonly combined plurality recognizes ante study conducted city reported type traditional business adult business correlation secondary effects absence concentration adult establishments neighborhood even splitting viewing booths bookstores continue sell videos turn customers away send search video arcades neighborhoods nothing speculation think marginally lower traffic one store measurable effect neighborhood let alone effect associated crime never shown exist first plurality position bolstered seems think ante relying statement renton courts allow cities reasonable opportunity experiment solutions admittedly serious problems plurality overlooks key distinction zoning regulations issue renton young los angeles new los angeles breakup requirement two cases municipalities substantial interest purposes intermediate scrutiny interest choosing two strategies deal crime property value strategy tied businesses location shown causal connection secondary effects municipality either concentrate businesses concentrated regulatory strategy disperse order spread regulatory efforts limitations location required support factual basis tying location secondary effects zoning approved two cases effect way owners stores carried adult businesses beyond controlling location heavier burden location limit approved los angeles ordinance however impose heavier burden one lacking demonstrable connection interest crime control city longer accepts businesses owners choose conduct within four walls bars video arcade bookstore combination shown record commercially natural universal app whereas young renton gave cities choice two strategies causally related city interest plurality today gives los angeles right experiment first amendment restriction response problem increased crime city never even shown associated combined standing alone government freedom experimentation displace burden intermediate scrutiny standard show restriction speech greater essential realizing important objective case policing crime since make even best guess city breakup policy effect crime law enforcement far cry assurance covert concern regulation targeting viewpoint right point witness fact involves guesswork take city breakup policy face enforcing mean every case two establishments operate instead traditional one since city presumably wish merely multiply adult establishments makes sense ask offsetting gain city may obtain new breakup policy answer may lie fact two establishments place one entail two business overheads place one two monthly rents two electricity bills two payrolls every month business expensive used perhaps even twice much sounds like good strategy driving expressive adult businesses sounds words like policy regulation respectfully dissent footnotes although amicus first amendment lawyers association argues recent studies refute findings adult business correlations secondary effects sufficient justify ordinance brief first amendment lawyers association amicus curiae issue one reach limiting effects qualifies substantial governmental interest ordinance said survive shown serve ends without unreasonably limiting alternatives renton formulation quoted closer relative zoning mere time place manner regulations implicitly recognized erie pap regulation commercial speech like zoning subject intermediate level first amendment scrutiny see central hudson gas elec public serv provides instructive parallel cases enforcing evidentiary requirement ensure asserted rationale cloak illegitimate governmental motive see rubin coors brewing edenfield fane government burden satisfied mere speculation conjecture demonstrat ing harms government recites real restriction fact alleviate material degree unless critical requirement met rubin supra state ease restrict commercial speech service objectives justify burden commercial expression edenfield supra finally city assert interest curbing secondary effects within combined hart book stores edmisten fourth circuit upheld similar ban north carolina relying part county health department report results inspection several combined adult arcades wake county north carolina inspection revealed unsanitary conditions evidence salacious activities taking place within video cubicles ibid city introduces case defend breakup policy although clear opinion separating video arcades adult bookstores deter activities took place within event renton playtime theatres allowed city rely experiences studies cities dispense requirement whatever evidence city relies upon reasonably believed relevant problem city addresses evidence relied upon fourth circuit certainly necessarily relevant los angeles ordinance since november five years enactment ordinance issue los angeles regulated adult video booths prohibiting doors setting minimum levels lighting requiring interiors fully visible entrance premises los angeles municipal code thus seems less likely unsanitary conditions identified hart book stores exist video arcades los angeles city suggested evidence reason hart book stores gives indication substantial governmental interest ban multiuse adult establishments plurality indulges city assumption goes justify stating obvious city study says concentrations adult establishments isolated ones presence several adult businesses one neighborhood draws greater concentration adult consumers neighborhood either attracts generates criminal activity ante renton approved zoning ordinance aimed preventing secondary effects caused presence even one theater given neighborhood city however appeal decision show combined isolated adult establishments like theaters renton give rise negative secondary effects perhaps recognizing finding call doubt sensibility city decision proliferate businesses see ante although question may open whether city rely experiences cities contradict studies question implicated los angeles relies exclusively study tellingly silent question whether isolated adult establishments bearing criminal activity already noted supra amicus first amendment lawyers association argues recent studies show thing case involves challenge previously accepted causal connection justice kennedy indulge city speculation long show ordinance leav quantity accessibility speech substantially intact ante opinion concurring judgment suggestion speculated consequences may justify regulation speech slightly burdened turns intermediate scrutiny head although goal intermediate scrutiny filter laws unduly burden speech achieved examining asserted governmental interest burden speech must simply greater necessary interest pap see also supra justice kennedy even shown ordinance leaves speech substantially intact posits example two adult stores draw customers business operating separately draws ante follow however combined draws customers split yield bookstore arcade together draw nearly many customers given double outlays required operate businesses different locations see infra far likely outcome video store go business course bookstore owner consistently ordinance continue operate video booths charge always commercially feasible city face separate problem theory rule simply requiring video booths operated free said reduce secondary effects plurality assumption city motive applying zoning entirely compartmentalized proffer evidence required justify zoning scheme ante indulgent unrealistic degree record case shows original dispersion ordinance enacted city study showing correlation concentrations adult business higher crime rates showed dispersal adult businesses causally related city law enforcement interest turn fair indication city concern secondary effect higher crime rates however city takes step breaking businesses showing traditionally combined business association higher crime rate affected breakup indication breakup policy addresses secondary effect reason doubt secondary effects city concern plurality seems ask us shut eyes city failings emphasizing case merely stage summary judgment ante ignores fact summary judgment stage city made plain relies evidence beyond study provides support city action