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31. In this case, the court hearing the business owner's request for an injunction would probably hold that the adult entertainment provisions of the city zoning ordinance are
A business owner proposes to operate an adult entertainment establishment outside the two-block area zoned for such establishments but within the commercial center of the city. When his application for permission to do so is rejected solely because it is inconsistent with provisions of the zoning ordinance, he sues the appropriate officials of the city, seeking to enjoin them from enforcing the adult entertainment provisions of the ordinance against him. He asserts that these provisions of the ordinance violate the First Amendment as made applicable to the city by the Fourteenth Amendment.
A city's zoning ordinance contains provisions restricting places of «adult entertainment» to two specified city blocks within the commercial center of the city. These provisions of the ordinance define «adult entertainment» as «live or filmed nudity or sexual activity, real or simulated, of an indecent nature.»
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B is incorrect. Adult entertainment is protected by the First and Fourteenth Amendments.
C is incorrect. The government may regulate speech that is not obscene.
D is incorrect. The government is not limited to protect against secondary effects only in residential areas.