REDMOND – When an adult bookstore recently moved across town to a mostly residential neighborhood, city councilors vowed to shore up regulations to prevent a repeat episode in the future.

But after drafting an ordinance that would have prevented adult-book and movie stores from opening near day-care centers and schools, among other things, city officials say their proposed ordinance has hit a wall.

Paul Elsner, the city’s land-use attorney, recently sent a letter advising city councilors to drop the issue. Although the city has not released the letter to the public, Redmond Senior Planner Chuck McGraw said Elsner’s message was clear: Crafting an ordinance to regulate adult businesses is a waste of time and money.

”I think the gist of it was, how many times do you have to get your teeth kicked in and have it cost you a lot of money before you get the message?” said McGraw.

But some city councilors are not about to throw in the towel.

Councilor Jay Patrick, a Redmond resident since age 6, said he thinks the council will eventually find a way around the laws that protect adult-oriented businesses.

”The council represents the city, and if it is the desire of the citizens to have these type of places restricted, the council should make the first step to take it to the state level,” said Patrick.

That may require the council to go against the advice of the city’s land-use attorney, he said. However, Patrick would prefer to explore other avenues that would minimize the city’s liability, such as modifying zoning laws to keep adult uses away from schools, churches and residences.

”There is always an answer out there,” he said. ”It’s just not always easy to find.”

But other cities have tried the zoning approach and failed, said Elsner, speaking in general about the issue.

He represented the city of Portland in the most recent precedent-setting lawsuit, known as the Tidyman case. It’s one of two cases that Elsner said he has argued before the state supreme court related to adult-oriented businesses. In each instance, the court has ruled in favor of protecting the rights of adult businesses.

”If it has to do with adult-style entertainment, I’ve dealt with it,” he said.

What the experience has taught him, said Elsner, is that cities are better off leaving the issue alone. Unless, he said, they can provide credible evidence that an adult-oriented business will have a measurable negative effect, such as an increase in crimes against children. Given the current available research on the topic, Elsner said, that is a nearly impossible standard.

”If you look at the studies, they’re worthless,” he said. ”They were all done in the ’70s and ’80s and, of course, none were done in Oregon.”

As a result, Elsner said, the state’s broad free-speech protections, as interpreted by the supreme court, provide blanket protection for adult-oriented businesses.

Based on that analysis, some Redmond councilors said they are unwilling to put more effort into the issue.

”I frankly am going to take (Elsner’s) advice,” said Councilor Joe Mansfield. ”I don’t think we ought to be wasting our time and money for the city to further examine this unless some unforeseen thing should appear.”

”Otherwise, I’m in favor of absolutely dropping it and I will work toward that.”

But Mansfield and others will have to deal with residents like Pete Rencher, who say they refuse to let the city off the hook when it comes to adult-oriented businesses.

Rencher, a local business owner and Redmond school board member, was one of two people who initially appealed a staff decision to approve the building permit of John Phillips for his business, Freedom Adult Book and Novelty.

Rencher had the option of filing a second appeal to the state Land Use Board of Appeals after the council also gave the OK, but opted against it.

”We thought the odds of appealing that over in foreign lands – which is Portland, Salem and Eugene – were very remote at best,” he said.

Instead Rencher and other opponents of the Freedom bookstore are talking with city councilors about how to approach the issues, he said. Rencher said he would like the city to work with Phillips to move his business out of its current location. He also wants the city to find a way to regulate adult businesses, something he said can and should be done despite Elsner’s opinion.

”The city attorney was hired to provide information. And if that is all there was to city government, we wouldn’t need a mayor and a city council,” he said. ”We’d just hire a city attorney and he’d run the community.”

Whatever the city chooses to do, Phillips’ neighbor Cyndi Heiden said it is likely too late to make a difference on her block. Since the council in a 4-3 vote approved Phillips’ building permit for Freedom Adult Book and Novelty at 250 SW Second St. in June, she has seen a six-foot fence go up along her property line.

The fence, which was required by the city council as a condition of approval, is a necessary evil, Heiden said. She doesn’t particularly like it, but she’d rather look at a wall than Phillips’ business.

”We’re just, I think, right now in shock that this happened. We’re a little depressed about it. We feel powerless,” she said.

Eric Flowers can be reached at 541-504-2336 or eflowers@bendbulletin.com.