Already, Franklin is a town devoid of a drink. Now, in tune with what Mayor Joe Collins has called the town’s “conservative” personality, town aldermen are working to impose an ordinance that effectively bans sexually oriented businesses as well.

The ordinance regulates the placement of sexually oriented businesses, or SOBs for short, through distance requirements, special use permits and licensing.

However, Alderman Bob Scott — a former journalist and active police officer — has questioned the ordinance’s legality, saying it may infringe on the public’s Constitutional rights.

“I have a problem with it from the First Amendment standpoint,” Scott said.

Scott said the ordinance is subjective, unfairly targets certain businesses and imposes a licensing fee unlike that of any other business in the town.

“My whole purpose in questioning this is to keep the town from getting involved in a First Amendment lawsuit,” he said.

In regards to sexually oriented businesses and free speech, the Institute of Government at the University of North Carolina at Chapel Hill has written that the line between “sexually explicit” and “obscene” is critical.

A dancer exposing her breasts is said to be “sexually explicit.” Should she expose her genitals the dance would become “obscene.” Obscene material does not enjoy protection by the First Amendment.

The concept is muddled, however, as nude or semi-nude dancing has been found to be “symbolic speech” and receives some modicum of Constitutional protection, so long as it is content neutral. In turn, that speech’s neutrality is judged by its secondary effects — psychological effects on nearby neighborhoods for example.

The Supreme Court has written that what is and is not deemed pornographic — a judgment that could affect what is thought of as a SOB — should be based on community standards. But Scott said it is unrealistic to expect a six-member board — all white males, middle aged or older — to determine what is morally right for the town of Franklin.

“I think this is an area we have to tread very lightly on,” Scott said.

A public hearing regarding the ordinance will be held during aldermen’s regularly scheduled meeting to be held at 7 p.m., April 4.

In North Carolina, regulation of SOBs has tended toward restriction of location. For example, minimum separations have been set between SOBs and other uses such as schools, churches, parks and residential districts. Special use permits and licensing requirements also are common. Franklin’s proposed ordinance relies on similar regulations.

Collins said that nothing in particular provoked the town board into looking at an SOB ordinance, rather it was a preemptive strike.

“What I always hear about is the adult-rated, XXX, opens up basically overnight and then the town board scrambles and meets as quick as they can call a session and enacts a moratorium,” Collins said. “I thought, why wait?”

Town board members enacted a moratorium while the ordinance was in development. That moratorium expires April 30.

Proposed regulations will apply to locations where “fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or sex acts, normal or perverted, actual or simulated; including intercourse, oral copulation, or sodomy; or masturbation, actual or simulated; or excretory functions as part of or in connection with any of the activities set forth” occurs.

Such locations may include, adult book stores that sell or rent materials depicting said sex acts as their primary source of business, adult motels that offer closed-circuit television or other means of presenting such specified sex acts as their primary source of business or rent rooms for 10 hours or less; adult theaters or similar establishments that regularly feature exhibits of persons in a state of nudity or semi-nudity and live performances of specified sex acts; escort agencies; nude model studios, not including colleges, junior colleges or universities.

If the ordinance is approved, a license, issued by the town planner, will be required to run any SOB. A license only will be issued following the town police department’s clearance of an applicant and after a $1,000 fee has been paid.

Any SOBs that are established cannot be within a 1,000-foot radius of each other, a 1,000-foot radius of any place of worship, school, day-care, or residential zoning district.

This 1,000-foot radius of separation is greater than or equal to many separations set forth in the county’s proposed high-impact use ordinance.

Sawmills and concrete suppliers each require 500-foot separations. Mining operations and quarries, commercial incinerators, asphalt plants and slaughterhouses all require 1,000-foot separations.

The only difference is that in addition to the separations, the high-impact use ordinance also requires a setback within each use’s property lines.

“Realistically I don’t think we’re going to end up at 1,000 feet,” Collins said.

The limitation makes it nearly impossible for an SOB to be run in town limits.

“If that’s the case, it would certainly be unconstitutional,” said Collins, a lawyer by trade.

As it stands, Collins said it looks like Depot Street is the most likely location for an SOB to be established.

If passed, the ordinance will not apply to the town’s extra-territorial jurisdiction, unless an amendment is made to do so.