Los Angeles v. Alameda Books, Inc., 535 U.S. 425, 16 (2002)

Page:   Index   Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

440

LOS ANGELES v. ALAMEDA BOOKS, INC.

Opinion of O'Connor, J.

the solution would, by definition, not have been implemented previously. The city's ordinance banning multiple-use adult establishments is such a solution. Respondents contend that there are no adult video arcades in Los Angeles County that operate independently of adult bookstores. See Brief for Respondents 41. But without such arcades, the city does not have a treatment group to compare with the control group of multiple-use adult establishments, and without such a comparison Justice Souter would strike down the city's ordinance. This leaves the city with no means to address the secondary effects with which it is concerned.

Our deference to the evidence presented by the city of Los Angeles is the product of a careful balance between competing interests. On the one hand, we have an "obligation to exercise independent judgment when First Amendment rights are implicated." Turner Broadcasting System, Inc. v. FCC, 512 U. S. 622, 666 (1994) (plurality opinion); see also Landmark Communications, Inc. v. Virginia, 435 U. S. 829, 843-844 (1978). On the other hand, we must acknowledge that the Los Angeles City Council is in a better position than the Judiciary to gather and evaluate data on local problems. See Turner, supra, at 665-666; Erie, supra, at 297-298 (plurality opinion). We are also guided by the fact that Renton requires that municipal ordinances receive only intermediate scrutiny if they are content neutral. 475 U. S., at 48-50. There is less reason to be concerned that municipalities will use these ordinances to discriminate against unpopular speech. See Erie, supra, at 298-299.

Justice Souter would have us rethink this balance, and indeed the entire Renton framework. In Renton, the Court distinguished the inquiry into whether a municipal ordinance is content neutral from the inquiry into whether it is "designed to serve a substantial government interest and do not unreasonably limit alternative avenues of communication." 475 U. S., at 47-54. The former requires courts to verify that the "predominate concerns" motivating the

Page:   Index   Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: October 4, 2007