THE FAMILY FOUNDATION

Members of the Kentucky County Attorney’s Association received a crash course in adult business law at their annual meeting in Lexington on Feb. 16 when Scott Bergthold, one of the nation’s leading experts on adult business law, presented "How to Avoid the Top 10 Pitfalls of Adult Business Regulation."

"There is a myth," Bergthold said, "that you can’t do anything to restrict sexually oriented businesses." Bergthold told county leaders that not only must they be proactive but they can avoid costly mistakes if they understand adult business law – something that he’s specialized in for years.

A few years ago, some may have questioned the wisdom of Kentucky counties addressing the issue of sexually oriented businesses (SOB’s) since they were relegated primarily to Kentucky’s larger cities. However, several high-profile cases of SOB’s moving into unsuspecting counties have raised eyebrows and underscored the need for Kentucky municipalities to protect themselves from the negative effects of SOB’s.

"I would think every county attorney would want to be proactive on this issue. It’s much easier to address the problem before it’s too late," said Amy Milliken, Warren County Attorney. "I’m pleased with the ordinance we have in place to protect Warren County." Milliken, who served on the organizing committee for the county attorney’s annual meeting, believes that each of the attorneys will benefit from Bergthold’s presentation. "I heard great things about him before he came," she said.

While Bergthold is gaining a national reputation, most of his work is on the local level defending municipal ordinances that target adult businesses. In 2001, Bergthold keynoted two seminars sponsored by The Family Foundation for local officials who wanted to learn more about effectively regulating adult businesses.

"Every county should take this issue of regulating sexually oriented businesses seriously because they [SOB proprietors] actively look for municipalities that don’t have ordinances. They’re moving into rural counties on a weekly basis," Bergthold said. "There’s litigation going on all over the country right now where they’ve moved in and the counties had no regulations."

Bergthold explained to over 100 county attorneys in attendance that state and federal courts have upheld stringent regulations on SOB’s so long as they intended to stem the negative secondary effects related to such businesses. Secondary effects, which include decreased property values, increased crime and spread of sexually transmitted disease, have been thoroughly documented across the nation.

"Counties that are not adequately protected with SOB ordinances are rendering themselves vulnerable to one of these businesses opening up," Bergthold said.
Key Family Foundation Contacts: Kent Ostrander , Executive Director Martin Cothran , Senior Associate Policy Analyst

Members of the Kentucky County Attorney’s Association received a crash course in adult business law at their annual meeting in Lexington on Feb. 16 when Scott Bergthold, one of the nation’s leading experts on adult business law, presented "How to Avoid the Top 10 Pitfalls of Adult Business Regulation."

"There is a myth," Bergthold said, "that you can’t do anything to restrict sexually oriented businesses." Bergthold told county leaders that not only must they be proactive but they can avoid costly mistakes if they understand adult business law – something that he’s specialized in for years.

A few years ago, some may have questioned the wisdom of Kentucky counties addressing the issue of sexually oriented businesses (SOB’s) since they were relegated primarily to Kentucky’s larger cities. However, several high-profile cases of SOB’s moving into unsuspecting counties have raised eyebrows and underscored the need for Kentucky municipalities to protect themselves from the negative effects of SOB’s.

"I would think every county attorney would want to be proactive on this issue. It’s much easier to address the problem before it’s too late," said Amy Milliken, Warren County Attorney. "I’m pleased with the ordinance we have in place to protect Warren County." Milliken, who served on the organizing committee for the county attorney’s annual meeting, believes that each of the attorneys will benefit from Bergthold’s presentation. "I heard great things about him before he came," she said.

While Bergthold is gaining a national reputation, most of his work is on the local level defending municipal ordinances that target adult businesses. In 2001, Bergthold keynoted two seminars sponsored by The Family Foundation for local officials who wanted to learn more about effectively regulating adult businesses.

"Every county should take this issue of regulating sexually oriented businesses seriously because they [SOB proprietors] actively look for municipalities that don’t have ordinances. They’re moving into rural counties on a weekly basis," Bergthold said. "There’s litigation going on all over the country right now where they’ve moved in and the counties had no regulations."

Bergthold explained to over 100 county attorneys in attendance that state and federal courts have upheld stringent regulations on SOB’s so long as they intended to stem the negative secondary effects related to such businesses. Secondary effects, which include decreased property values, increased crime and spread of sexually transmitted disease, have been thoroughly documented across the nation.

"Counties that are not adequately protected with SOB ordinances are rendering themselves vulnerable to one of these businesses opening up," Bergthold said.