MINDEN, Neb. — The Minden City Council can't prevent an adult entertainment nightclub from opening on the city square, but it will consider options for regulating it.
“We have absolutely no laws restricting adult entertainment facilities (or) businesses,” City Attorney Thomas Lieske told the council this week.
Since Minden has nothing on the books, the club will be allowed to open. Live dancing is considered a form of communication, which is constitutionally protected.
Although protected under the First Amendment, Lieske said, that protection is limited because of the possible secondary negative effects of such entertainment: attraction of undesirables, fallen property values, increased crime, prostitution and people who decide to move away.
“We may not prohibit. We may regulate,” Lieske said.
But the city has to regulate narrowly and carefully. The council will discuss an ordinance at its Nov. 5 meeting that would limit the hours the club can be open.
Although it is too late to regulate the location for the night club that is opening in November, the council can pass an ordinance limiting locations for future adult businesses.
The council will be looking to Sutton as a possible model. Sutton prohibits sexually oriented businesses from operating within 500 feet of a church, 500 feet of a school or day care center, 500 feet of a park and 100 feet of a residential property.
Sutton's ordinance also requires that no activities inside be visible from outside the building. It also regulates what may be placed on a sign and prohibits certain words, flashing lights, pictures and silhouettes.