renton playtime theatres argued november decided february respondents purchased two theaters renton washington intention exhibiting adult films time filed suit federal district seeking injunctive relief declaratory judgment first fourteenth amendments violated city ordinance prohibits adult motion picture theaters locating within feet residential zone dwelling church park school district ultimately entered summary judgment city favor holding ordinance violate first amendment appeals reversed holding ordinance constituted substantial restriction first amendment interests remanded case reconsideration whether city substantial governmental interests support ordinance held ordinance valid governmental response serious problems created adult theaters satisfies dictates first amendment cf young american mini theatres pp since ordinance ban adult theaters altogether properly analyzed form time place manner regulation time place manner regulations acceptable long designed serve substantial governmental interest unreasonably limit alternative avenues communication pp district found renton city council predominate concerns secondary effects adult theaters surrounding community content adult films finding adequate establish city pursuit zoning interests unrelated suppression free expression thus ordinance speech regulation pp renton ordinance designed serve substantial governmental interest allowing reasonable alternative avenues communication city interest attempting preserve quality urban life must accorded high respect although ordinance enacted without benefit studies specifically relating renton particular problems renton entitled rely experiences studies produced nearby city seattle cities constitutional defect method chosen renton substantial interests cities may regulate adult theaters dispersing effectively concentrating renton moreover ordinance underinclusive failing regulate kinds adult businesses since evidence time ordinance enacted adult business located contemplating moving renton pp required first amendment ordinance allows reasonable alternative avenues communication although respondents argue general commercially viable adult theater sites within limited area land left open theaters ordinance fact respondents must fend real estate market equal footing prospective purchasers lessees give rise violation first amendment compel government ensure adult theaters kinds businesses able obtain sites bargain prices pp rehnquist delivered opinion burger white powell stevens joined blackmun concurred result brennan filed dissenting opinion marshall joined post barrett prettyman argued cause appellants briefs david burgett lawrence warren daniel kellogg mark barber zanetta fontes jack burns argued cause appellees briefs robert smith briefs amici curiae urging reversal filed jackson county missouri russell jacobson freedom council foundation wendell bird robert skolrood national institute municipal law officers george agnost roy bates benjamin brown lamar shelley john witt roger cutler robert alfton james baker barbara mather james montgomery clifford pierce william taube william thornton charles rhyne national league cities et al benna ruth solomon joyce holmes benjamin beate bloch lawrence velvel briefs amici curiae urging affirmance filed american civil liberties union et al david utevsky jack novik burt neuborne american booksellers association et al michael bamberger eric rubin walter diercks filed brief outdoor advertising association america et al amici curiae justice rehnquist delivered opinion case involves constitutional challenge zoning ordinance enacted appellant city renton washington prohibits adult motion picture theaters locating within feet residential zone dwelling church park school appellees playtime theatres properties filed action district western district washington seeking declaratory judgment renton ordinance violated first fourteenth amendments permanent injunction enforcement district ruled favor renton denied permanent injunction appeals ninth circuit reversed remanded reconsideration noted probable jurisdiction reverse judgment ninth circuit may mayor renton city approximately people located south seattle suggested renton city council consider advisability enacting zoning legislation dealing adult entertainment uses uses existed city time upon mayor suggestion city council referred matter city planning development committee committee held public hearings reviewed experiences seattle cities received report city attorney office advising developments cities city council meanwhile adopted resolution imposed moratorium licensing business primary purpose selling renting showing sexually explicit materials app resolution contained clause explaining businesses severe impact upon surrounding businesses residences april acting basis planning development committee recommendation city council enacted ordinance ordinance prohibited adult motion picture theater locating within feet residential zone dwelling church park within one mile school app juris statement term adult motion picture theater defined enclosed building used presenting motion picture films video cassettes cable television visual media distinguished characteri zed emphasis matter depicting describing relating specified sexual activities specified anatomical areas observation patrons therein early respondents acquired two existing theaters downtown renton intention using exhibit adult films theaters located within area proscribed ordinance time respondents filed previously mentioned lawsuit challenging ordinance first fourteenth amendment grounds seeking declaratory injunctive relief federal action pending city council amended ordinance several respects adding statement reasons enactment reducing minimum distance school feet november federal magistrate respondents action referred recommended entry preliminary injunction enforcement renton ordinance denial renton motions dismiss summary judgment district adopted magistrate recommendations entered preliminary injunction respondents began showing adult films two theaters renton shortly thereafter parties agreed submit case final decision whether permanent injunction issue basis record already developed district vacated preliminary injunction denied respondents requested permanent injunction entered summary judgment favor renton found renton ordinance substantially restrict first amendment interests renton required show specific adverse impact renton operation adult theaters rely experiences cities purposes ordinance unrelated suppression speech restrictions speech imposed ordinance greater necessary governmental interests involved relying young american mini theatres held renton ordinance violate first amendment appeals ninth circuit reversed appeals first concluded contrary finding district renton ordinance constituted substantial restriction first amendment interests using standards set forth supra appeals held renton improperly relied experiences cities lieu evidence effects adult theaters renton renton thus failed establish adequately existence substantial governmental interest support ordinance event renton asserted interests shown unrelated suppression expression appeals remanded case district reconsideration renton asserted interests view resolution case largely dictated decision young american mini theatres supra although five members agree single rationale decision held city detroit zoning ordinance prohibited locating adult theater within feet two regulated uses within feet residential zone violate first fourteenth amendments plurality opinion stevens joined burger white rehnquist jj powell concurring renton ordinance like one american mini theatres ban adult theaters altogether merely provides theaters may located within feet residential zone dwelling church park school ordinance therefore properly analyzed form time place manner regulation powell concurring describing ordinance time place manner regulation course first step inquiry long held regulations enacted purpose restraining speech basis content presumptively violate first amendment see carey brown police dept chicago mosley hand time place manner regulations acceptable long designed serve substantial governmental interest unreasonably limit alternative avenues communication see clark community creative city council los angeles taxpayers vincent heffron international society krishna consciousness first glance renton ordinance like ordinance american mini theatres appear fit neatly either category sure ordinance treats theaters specialize adult films differently kinds theaters nevertheless district concluded renton ordinance aimed content films shown adult motion picture theatres rather secondary effects theaters surrounding community district found city council predominate concerns secondary effects adult theaters content adult films app juris statement emphasis added appeals relying decision tovar billmeyer held enough sustain ordinance according appeals motivating factor enacting ordinance restrict respondents exercise first amendment rights ordinance invalid apparently matter small part motivating factor may played city council decision emphasis original view law rejected case appeals said applying familiar principle constitutional law strike otherwise constitutional statute basis alleged illicit legislative motive motivates one legislator make speech statute necessarily motivates scores others enact stakes sufficiently high us eschew guesswork short renton ordinance completely consistent definition speech regulations justified without reference content regulated speech virginia pharmacy board virginia citizens consumer council emphasis added community creative supra international society krishna consciousness supra ordinance contravene fundamental principle underlies concern speech regulations government may grant use forum people whose views finds acceptable deny use wishing express less favored controversial views mosley supra understanding mind american mini theatres majority decided least respect businesses purvey sexually explicit materials zoning ordinances designed combat undesirable secondary effects businesses reviewed standards applicable time place manner regulations justice stevens writing plurality concluded city detroit entitled draw distinction adult theaters kinds theaters without violating government paramount obligation neutrality regulation protected communication noting th secondary effect zoning ordinances attempt avoid dissemination offensive speech justice powell concurrence elaborated dissent misconceives issue case insisting involves impermissible time place manner restriction based content expression involves nothing kind merely decision city treat certain movie theaters differently markedly different effects upon surroundings moreover even case involving special governmental response content one type movie possible result supported line cases recognizing government tailor reaction different types speech according degree special overriding interests implicated see tinker des moines school procunier martinez greer spock powell concurring cf csc letter carriers appeals ruled however renton ordinance enacted without benefit studies specifically relating particular problems needs renton city justifications ordinance conclusory speculative think appeals imposed city unnecessarily rigid burden proof record case reveals renton relied heavily experience studies produced city seattle seattle renton adult theater zoning ordinance aimed preventing secondary effects caused presence even one theater given neighborhood see northend cinema seattle opinion washington northend cinema renton city council enacted ordinance question described seattle experience follows amendments city zoning code issue culmination long period study discussion problems adult movie theaters residential areas city city department community development made study need zoning controls adult theaters study analyzed city zoning scheme comprehensive plan land uses around existing adult motion picture theaters trial heard extensive testimony regarding history purpose ordinances heard expert testimony adverse effects presence adult motion picture theaters neighborhood children community improvement efforts detailed findings include finding location adult theaters harmful effect area contribute neighborhood blight supported substantial evidence record record replete testimony regarding effects adult movie theater locations residential neighborhoods also find constitutional defect method chosen renton substantial interests cities may regulate adult theaters dispersing detroit effectively concentrating renton function appraise wisdom city decision require adult theaters separated rather concentrated areas city must allowed reasonable opportunity experiment solutions admittedly serious problems american mini theatres plurality opinion moreover renton ordinance narrowly tailored affect category theaters shown produce unwanted secondary effects thus avoiding flaw proved fatal regulations schad mount ephraim erznoznik city jacksonville respondents contend renton ordinance underinclusive fails regulate kinds adult businesses likely produce secondary effects similar produced adult theaters record contention must fail evidence time renton ordinance enacted adult business located contemplating moving renton fact resolution enacted october city renton present time business whose primary purpose sale rental showing sexually explicit materials app renton chose first address potential problems created one particular kind adult business way suggests city singled adult theaters discriminatory treatment simply basis record assuming renton future amend ordinance include kinds adult businesses shown produce kinds secondary effects adult theaters see williamson lee optical finally turning question whether renton ordinance allows reasonable alternative avenues communication note ordinance leaves acres five percent entire land area renton open use adult theater sites district found appeals dispute finding acres land consists mple accessible real estate including acreage stages development raw land developed industrial warehouse office shopping space crisscrossed freeways highways roads app juris statement respondents argue however land question already occupied existing businesses practically none undeveloped land currently sale lease general commercially viable adult theater sites within acres left open renton ordinance brief appellees appeals accepted arguments concluded acres truly available land therefore held renton ordinance result substantial restriction speech disagree reasoning conclusion appeals respondents must fend real estate market equal footing prospective purchasers lessees give rise first amendment violation although cautioned enactment zoning regulations effect suppressing greatly restricting access lawful speech american mini theatres plurality opinion never suggested first amendment compels government ensure adult theaters kinds businesses matter able obtain sites bargain prices see powell concurring inquiry first amendment purposes concerned economic impact view first amendment requires renton refrain effectively denying respondents reasonable opportunity open operate adult theater within city ordinance us easily meets requirement sum find renton ordinance represents valid governmental response admittedly serious problems created adult theaters see plurality opinion renton used power zone pretext suppressing expression powell concurring rather sought make areas available adult theaters patrons time preserving quality life community large preventing theaters locating areas essence zoning american mini theatres city enacted zoning ordinance meets goals also satisfying dictates first amendment judgment appeals therefore reversed footnotes present appeal seeks review judgment remanding case district need resolve whether appeal proper however event certiorari jurisdiction previously done equivalent situations see el paso simmons doran salem inn dismiss appeal treating papers petition certiorari grant writ certiorari henceforth shall refer parties petitioners respondents see american mini theatres plurality opinion manifest society interest protecting type expression wholly different lesser magnitude interest untrammeled political debate appeals rejection district findings issue may stemmed part belief expressed elsewhere appeals opinion bose consumers union appellate courts duty review de novo mixed findings law fact relevant application first amendment principles see need review correctness appeals interpretation bose since determine standard review district findings disturbed respondents argue alternative basis affirming decision appeals renton ordinance violates rights equal protection clause fourteenth amendment apparent preceding discussion respondents fare better equal protection clause first amendment see young american mini theatres respondents also argue renton ordinance unconstitutionally vague particularly respondents challenge ordinance application buildings used presenting sexually explicit films term used describes continuing course conduct exhibiting sexually explicit films manner appeals prurient interest app juris statement reject respondents vagueness argument reasons led us reject similar challenge american mini theatres supra detroit ordinance applied theaters used present material distinguished characterized emphasis sexually explicit matter held even may uncertainty effect ordinances litigants unquestionably applicable respondents also held detroit ordinance created significant deterrent effect might justify invocation first amendment overbreadth doctrine justice brennan justice marshall joins dissenting renton zoning ordinance selectively imposes limitations location movie theater based exclusively content films shown constitutionality ordinance therefore correctly analyzed standards applied time place manner restrictions even assuming ordinance may fairly characterized content neutral plainly unconstitutional standards established decisions although analysis limited cases involving businesses purvey sexually explicit materials ante thus affect holdings cases involving state regulation kinds speech dissent constitutionally permissible time place manner restriction may based upon either content subject matter speech consolidated edison public service asserts ordinance aimed content films shown adult motion picture theatres rather secondary effects theaters surrounding community ante emphasis original thus simply time place manner regulation analysis misguided ordinance discriminates face certain forms speech based content movie theaters specializing adult motion pictures may located within feet residential zone dwelling church park school motion picture theaters forms adult entertainment bars massage parlors adult bookstores subject restrictions selective treatment strongly suggests renton interested controlling secondary effects associated adult businesses discriminating adult theaters based content films exhibit ignores discriminatory treatment declaring renton free address potential problems created one particular kind adult business ante amend ordinance future include adult enterprises ante citing williamson lee optical however first amendment interests stake analysis wholly inappropriate frequently upheld underinclusive classifications sound theory legislature may deal one part problem without addressing see williamson lee optical presumption statutory validity however less force classification turns subject matter expression bove else first amendment means government power restrict expression message ideas subject matter content police dept chicago mosley erznoznik city jacksonville shortly lawsuit commenced renton city council amended ordinance adding provision explaining intention adopting ordinance promote city renton great interest protecting preserving quality neighborhoods commercial districts quality urban life effective land use planning app juris statement amended ordinance also lists certain conclusory findings concerning adult entertainment land uses council purportedly relied upon adopting ordinance city points provisions evidence ordinance designed control secondary effects associated adult movie theaters rather suppress content films exhibit however legislative history ordinance strongly suggests otherwise prior amendment indication ordinance designed address secondary effects single adult theater might create addition suspiciously coincidental timing amendment many city council findings relate legitimate concerns appeals observed oth magistrate district recognized many stated reasons ordinance expressions dislike subject matter residents may offended content films shown adult movie theaters form basis state regulation speech see terminiello chicago findings added city council relate supposed secondary effects associated adult movie theaters however merely accept post hoc statements face value presumption validity traditionally attends local government exercise zoning powers carries little weight zoning regulation trenches rights expression protected first amendment schad mount ephraim blackmun concurring appeals concluded record presented renton support asserted interest enacting zoning ordinance thin amended ordinance findings summarize testimony received city council certain public hearings none testimony ever recorded preserved city official reported residents objected adult movie theaters located community however official unable recount testimony adult movie theaters specifically affect schools churches parks residences protected ordinance see app city council conducted studies heard expert testimony protected uses affected presence adult movie theater never considered whether residents concerns met restrictions less intrusive protected forms expression schad supra result findings regarding secondary effects caused adult movie theaters need adopt specific locational requirements combat effects findings purely speculative conclusions findings required justify burdens ordinance imposed upon constitutionally protected expression holds renton entitled rely experiences cities like detroit seattle enacted special zoning regulations adult entertainment businesses studying adverse effects caused establishments however even assuming renton concerned problems seattle detroit never actually reviewed studies conducted cities renton basis determining findings made cities relevant renton problems needs moreover since renton ultimately adopted zoning regulations different either detroit seattle studies provide basis assessing effectiveness particular restrictions adopted ordinance renton merely rely general experiences seattle detroit must justify ordinance context renton problems seattle detroit problems emphasis original sum circumstances strongly suggest ordinance designed suppress expression even constitutionally protected thus analyzed time place manner restriction allows renton conceal illicit motives however reliance fact communities adopted similar restrictions approach largely immunizes measures judicial scrutiny since municipality readily find municipal ordinances rely upon thus always retrospectively justifying special zoning regulations adult theaters rather speculate renton motives adopting measures cases require conclusion ordinance like restriction speech constitutional city show precisely drawn means serving compelling governmental interest consolidated edison public service see also carey brown police department chicago mosley strict approach insure cities use zoning powers pretext suppressing constitutionally protected expression applying standard facts case ordinance patently unconstitutional renton shown locating adult movie theaters proximity churches schools parks residences necessarily result undesirable secondary effects problems effectively addressed less intrusive restrictions ii even assuming ordinance treated like time place manner restriction still find unconstitutional estrictions kind valid provided narrowly tailored serve significant governmental interest leave open ample alternative channels communication information clark community creative heffron international society krishna consciousness applying standard fails subject alleged interests city degree scrutiny required ensure expressive activity protected first amendment remains free unnecessary limitations community creative marshall dissenting evidently wrongly assumes balance struck renton officials deserving deference long appear tainted content discrimination proper application relevant standards ordinance clearly unconstitutional finds ordinance designed renton substantial interest preserv ing quality urban life ante explained record simply insufficient support assertion city made showing uses protected ordinance affected presence adult movie theater thus renton ordinance clearly distinguishable detroit zoning ordinance upheld young american mini theatres detroit ordinance designed disperse adult theaters throughout city supported testimony urban planners real estate experts regarding adverse effects locating several businesses neighborhood see also northend cinema seattle cert denied sub nom apple theatre seattle seattle zoning ordinance culmination long period study discussion renton council aware residents complained adult movie theaters localities adopted special zoning restrictions establishments facts sufficient justify burdens ordinance imposed upon constitutionally protected expression finally ordinance invalid provide reasonable alternative avenues communication district found ordinance left acres renton available adult theater sites area comprising five percent city however appeals found much land already occupied imiting adult theater uses areas substantial restriction speech many available sites also largely unsuited use movie theaters see app facts serve distinguish case american mini theatres indication detroit zoning ordinance seriously limited locations available adult businesses see american mini theatres supra plurality opinion situation quite different ordinance effect greatly restricting access lawful speech see also basiardanes city galveston ordinance effectively banned adult theaters restricting unattractive inaccessible inconvenient areas city purple onion jackson supp nd proposed sites adult entertainment uses either unavailable unusable inaccessible public amount locations despite evidence record reasons fact hat respondents must fend real estate market equal footing prospective purchasers lessees give rise first amendment violation ante however respondents equal footing prospective purchasers lessees must conduct business severe restrictions imposed upon establishments also argues first amendment compel government ensure adult theaters kinds businesses matter able obtain sites bargain prices ibid however respondents ask renton guarantee sites businesses seek reasonable opportunity operate adult theaters city denying opportunity renton effectively ban form protected speech borders ordinance greatly restrict access lawful speech american mini theatres supra plurality opinion plainly unconstitutional apparently finds comfort fact ordinance deny use wishing express less favored controversial views ante however discrimination rendered less odious distinguishes among entire classes ideas rather among points view within particular class lehman city shaker heights brennan dissenting see also consolidated edison public service first amendment hostility regulation extends restrictions particular viewpoints also prohibition public discussion entire topic moreover conclusion restrictions imposed viewpoint neutral patently flawed practical matter speech suppressed restrictions involved almost invariably carry implicit explicit message favor relaxed sexual mores restrictions words potent impact treat restrictions seems simply ignore reality stone restrictions speech content peculiar case restrictions chi rev also explains evidence time renton ordinance enacted adult business located contemplating moving renton ante however time ordinance enacted evidence adult movie theaters located considering moving renton thus legitimate reason city treat adult movie theaters differently adult businesses example finding number ocation adult entertainment land uses main commercial thoroughfares city gives impression legitimacy causes loss sensitivity adverse effect pornography upon children established family relations respect marital relationship sanctity marriage relations others concept consensual sexual relations app juris statement finding number ocation adult land uses close proximity residential uses churches parks public facilities schools cause degradation community standard morality pornographic material degrading effect upon relationship spouses ibid example finding number ocation adult entertainment land uses proximity residential uses churches parks public facilities schools may lead increased levels criminal activities including prostitution rape incest assaults vicinity adult entertainment land uses part amendment passed lawsuit commenced city council added statement intended rely washington opinion northend cinema seattle cert denied sub nom apple theatre seattle upheld seattle zoning regulations constitutional attack despite suspicious coincidental timing amendment holds renton entitled rely detailed findings summarized northend cinema opinion ante northend cinema noted record replete testimony regarding effects adult movie theater locations residential neighborhoods opinion however explain evidence purports summarize provides basis determining whether seattle experience relevant renton appeals observed although renton ordinance purports copy detroit seattle solve problem manner detroit ordinance intended disperse adult theaters throughout city one district deteriorate due concentration theaters seattle ordinance contrast intended concentrate theaters one place whole city bear effects renton ordinance allegedly aimed protecting certain uses schools parks churches residential areas perceived unfavorable effects adult theater emphasis original one commentator noted nyone knowledge human nature naturally assume decision adopt almost restriction might affected antipathy part least legislators ideas information suppressed logical assumption words improper motivation rather legislators human substantial risk impermissible consideration fact colored deliberative process stone supra