Judgement From Federal Court Against Houston's SOBs
The evidence introduced at trial established that the
City of Houston, before adopting Ordinance 97-75,
reasonably believed that there were an adequate number
of available alternative sites for SOBs. The City's belief
in this regard is supported by a preponderance of the
evidence. The City engaged in an adequate analysis to
determine whether [*64] a sufficient number of available
alternative sites existed in Houston to accommodate
SOBs that would be displaced by the enforcement of
Ordinance 97-75. The Planning Department used
computer programs and property data that were the best
available at the time and, significantly, that the City
relied on for other, unrelated municipal business. Chow,
through his analysis, identified 7,597 available alternative
sites. There were 126 licensed SOBs in January 1997,
including the 25 SOBs which were protected by an
injunction in a different case. The City was aware that 95
of these businesses would be required to relocate after
Ordinance 97-75 was adopted. It was clearly reasonable
for City Council to believe there were at least an adequate
number of sites among the 7,597 on Chow's list to provide alternative avenue for communication for
significantly more than the number of existing licensed
SOBs.
Additionally, the evidence at trial verified the City's
belief that, at the time Ordinance 97-75 was enacted in
January 1997, there in fact were reasonable alternative
locations for SOBs in an adequate number to
accommodate businesses displaced or otherwise affected
by Ordinance 97-75. 30 Of [*65] the more than 7,500
parcels identified by Chow, Vice Division officers looked
at approximately 1,500 properties. Of this more than
1,500 sites, more than 1,000 (approximately 2/3) passed
this initial phase of Andrews's investigation. Andrews
personally visited approximately 500 of those sites, of
which the Court finds at least 168 qualified as reasonably
alternative available sites.
30 The Court reiterates that this more detailed
investigation was not constitutionally required,
but served to verify City Council's pre-enactment
understanding that enforcement of Ordinance
97-75 would not violate the First Amendment.
Based on the foregoing findings of fact and
conclusions of law, the Court holds that Ordinance 97-75
does not violate Plaintiffs' First Amendment rights. It is
therefore
ORDERED that judgment is entered in favor of
Defendant City of Houston.
The Court will issue a separate final judgment
consistent with these findings of fact and conclusions of
law.
SIGNED at Houston, Texas, this 31of January, 2007.
Nancy F. Atlas
United States District Judge
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A Texas Ranger told lawmakers he tried in vain for two years to get prosecutors to look into evidence that employees at a youth prison in West Texas had repeated sexual contact with the young inmates