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Public commenter warns council of constitutional and enforcement risks in adult-entertainment licensing update
Summary
During the public hearing on the code update, Kim Smith raised constitutional concerns about proposed adult-entertainment license provisions, including tipping restrictions, fee barriers to protected speech, an unused 'youth-oriented' definition, and broad warrantless inspection authority for police.
Kim Smith, the lone public commenter at the hearing, praised the city’s drafting but urged the council to reconsider several elements of the proposed adult-entertainment licensing code. "By addressing these 4 points of concern, this council council can better strike the balance between these two forces," Smith said, listing tipping and collection rules, an orphaned youth-oriented definition, license-fee temporary-permit concerns and broad inspection powers as key risks.
Smith argued the draft language could run afoul of Washington and federal constitutional protections for speech and warned that unannounced, warrantless inspections by police could raise Fourth Amendment issues. Staff did not provide an immediate legal rebuttal in the hearing transcript; Patricia Love said staff and city attorneys had separated licensing rules from land-use code and would continue to work with legal counsel. The council proceeded to approve the first reading of the adult-entertainment licensing ordinance (Ordinance 15-65) and directed staff to follow up as needed before the second reading.
