(A) It is the purpose of this chapter to promote the health, safety, and general welfare of the people of Ohio by establishing reasonable regulations to prevent the deleterious secondary effects of sexually oriented businesses. The regulations in this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials.
(B) The prohibitions in this chapter are based upon and justified by the adverse secondary effects of sexually oriented businesses identified in numerous judicial decisions and reports concerning such secondary effects including, but not limited to: City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 427 U.S. 50 (1976, California v. LaRue, 409 U.S. 109 (1972); Deja Vu of Cincinnati, L.L.C. v. Union Township Bd. of Trustees, 411 F.3d 777 (6th Cir. 2005) (en banc); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997); 511 Detroit Street, Inc. v. Kelley, 807 F.2d 1293 (6th Cir. 1986); Broadway Books v. Roberts, 642 F. Supp. 486 (E.D. Tenn. 1986); Bright Lights, Inc. v. City of Newport, 830 F. Supp. 378 (E.D. Ky. 1993); Richland Bookmart, Inc. v. Nichols, 278 F.3d 570 (6th Cir. 2002); Richland Bookmart v. Nichols, 137 F.3d 435 (6th Cir. 1998); In re Tenn. Public Indecency Statute, Nos. 96-6512, 96-6573, 97-5924, 97-5938, 1999 U.S. App. LEXIS 535 (6th Cir. Jan. 13, 1999); Bamon Corp. v. City of Dayton, 923 F.2d 470 (6th Cir. 1991); City of Chattanooga v. Cinema 1, Inc., 150 S.W. 3d 390 (Tenn. Ct. App. 2004); Deja Vu of Nashville, Inc., et al. v. Metropolitan Government of Nashville & Davidson County, 274 F.3d 377 (6th Cir. 2001); Kentucky Restaurant Concepts, Inc. v. City of Louisville & Jefferson County, 209 F. Supp. 2d 672 (W.D. Ky. 2002); Ctr. for Fair Public Policy v. Maricopa County, 336 F.3d 1153 (9th Cir. 2003); City of Cleveland v. Daher, 2000 Ohio App. LEXIS 5937 (Ohio Ct. App. 2000); State ex rel. Nasal v. BJS No. 2, Inc., 127 Ohio Misc. 2d 101 (Ct. Comm. Pleas 2003); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); and Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Houston, Texas - 1983, 1997; Phoenix, Arizona - 1979, 1995-98; Chattanooga, Tennessee - 1999-2003; Los Angeles, California - 1977; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Dallas, Texas - 1997; Greensboro, North Carolina - 2003; New York, New York Times Square - 1994; Minneapolis, Minnesota (Holsopple Report)- 1998; Michigan Legislature (Sherman Testimony) - 2000; which support the following findings:
(1) Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to lewdness, public indecency, prostitution, potential spread of disease, illicit drug use and drug trafficking, personal and property crimes, negative impacts on surrounding properties, blight, litter, and sexual assault and exploitation.
(2) Each of the foregoing negative secondary effects constitutes a harm which the state has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects is independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. The cases and documentation relied on in this chapter are reasonably believed to be relevant to said secondary effects.
(C) The provisions of this chapter shall be construed so as to further the purposes of this chapter as set forth in division (A) of this section.
(D) Nothing in this chapter shall be construed to preempt or prevent counties, municipal corporations and townships from adopting or enforcing laws concerning sexually oriented businesses that are as restrictive or more restrictive than the provisions in this chapter.