Full opinion text
RULING ON MOTIONS FOR SUMMARY JUDGMENT ALVIN W. THOMPSON, District Judge. Plaintiff Keepers, Inc. (“Keepers”) is a Connecticut corporation operating a cabaret-style nightclub in Milford. The establishment features live clothed and semi-nude dancing for adult patrons. Plaintiff After Dark LLC (“After Dark”) does business as Romantix Adult Emporium, a retail adult entertainment establishment that sells, exhibits, and distributes erotic books, magazines, video tapes and motion picture filmfare. Defendant City of Milford (the “City”) is a municipal corporation chartered under the laws of the State of Connecticut. The parties have filed cross motions for summary judgment relating to the constitutionality of two versions of a City ordinance regulating sexually oriented businesses. The plaintiffs challenge the constitutionality of the ordinance arguing that it violates the First Amendment (as an impermissible prior restraint, an undue burden on protected expression, overbroad, and an impermissible impairment on the right to freely associate); the Fourth Amendment; the Takings Clause of the Fifth Amendment; the Ninth Amendment; and the Fourteenth Amendment (as vague as-applied, facially vague, and causing a deprivation of liberty interests without due process). They also contend it violates Conn. Gen. Stat. § 8-2. For the reasons set forth below, the plaintiffs’ motion for partial summary judgment is being granted in part and denied in part, and the defendant’s motion for summary judgment is being granted in part and denied in part. I. FACTUAL BACKGROUND Joseph Regensberger assumed ownership of Keepers in approximately January 2001. The business was operating as a restaurant and bar at the time under the name “Sidepoekets.” In 2003, Regensberger decided to convert Sidepoekets into an adult cabaret. This renovation involved removing the kitchen to make room for a dressing room for dancers. The conversion also included building a stage, putting in carpets, building a DJ booth, and making a VIP area. At the time, adult cabarets such as Keepers were subject to Milford’s Ordinance Regulating Adult Oriented Establishments, promulgated in 1996. In 2003, the City passed an amendment to Chapter 2.3 of the City Ordinance Regulating AdulNOriented Establishments. Keepers believed the provisions of the 2003 ordinance to be more restrictive than those of the 1996 ordinance. Around this time, Regensberger agreed to a suspension of Keepers’ liquor license for four days as a result of alleged violations on the premises such as dancers improperly exposing and touching themselves, and various other violations occurring in March 2003. In 2007, Regensberger lost his liquor license in Connecticut as a result of prostitution activities occurring in 2005 at another adult entertainment business he owned. His inability to hold a liquor license, coupled with the more restrictive 2003 ordinance, contributed to Regensberger’s ultimate decision to sell Keepers to one of his employees, Angela Silano, for $250,000 in 2008. Regensberger assists Silano in this litigation in an unpaid capacity. Romantix Adult Emporium (operated by After Dark LLC) has a main retail floor where merchandise is displayed, and an adult “arcade” in the rear of the establishment which consists of enclosed private booths outfitted for the viewing of adult movies. After Dark joins Keepers in its claims relating to the 2007 ordinance, but not the 2003 ordinance. In 2003, the Milford Board of Aldermen voted to amend the 1996 Ordinance Regulating Adult-Oriented Establishments. At the meeting, various members of the community spoke in favor of the amendment, voicing concerns about the potential deleterious effect sexually oriented businesses might have on their community. At the meeting, the then-city attorney Marilyn Lipton submitted materials for the Board to consider regarding the secondary effects of sexually oriented businesses in formulating the amendment. In enacting the amendment in August 2003, the Board stated that “this ordinance is based on evidence of the adverse secondary effects of adult uses that is within the common knowledge of municipalities and is widely reported in judicial opinions, media reports, land use studies, and crime impact reports made available to the Board of Aldermen.” Milford, Conn., Ordinances § 2.3-K1) (2003) (Pis.’ Mem. Supp. Mot. Summ. J. Ex. B). Among other changes, the 2003 ordinance included a section entitled “Additional regulations concerning live public nudity on premises.” Id. at § 2.3-3(7). This section provides: A.It shall be a violation of this Chapter for a patron, employee, or any other person to knowingly or intentionally, in an adult-oriented establishment, appear in a state of nudity, regardless of whether such public nudity is expressive in nature. B. It shall be a violation of this Chapter for a person to knowingly or intentionally in an adult-oriented establishment, appear in a semi-nude condition unless the person is an employee who, while semi-nude, shall be at least six (6) feet from any patron or customer and on a stage at least eighteen (Í8) inches from the floor.... ■ C. It shall be a violation of this Chapter for any employee, while semi-nude in an adult-oriented establishment, to knowingly or intentionally receive any pay or gratuity by direct physical contact with any patron or customer or for any patron or customer to knowingly or intentionally pay or give any gratuity by direct physical contact with any employee, while said employee is semi-nude in the adult-oriented establishment. D. It shall be a violation of this Chapter for any employee, while semi-nude in an adult-oriented establishment, to knowingly or intentionally touch a customer or the clothing of a customer. Id. The 2003 ordinance also included language requiring sexually oriented businesses to allow periodic inspections by the City, see id. at § 2.3-3(6), and preventing applicants for a license under the ordinance from being approved if the applicant has been convicted of, or pled nolo contendré to, certain sexually-related crimes. See id. at § 2.3-4(3)(i). Keepers filed suit in 2003, alleging that these regulations are unconstitutional. (See Sidepockets, Inc., d/b/a Keepers v. City of Milford, No. 3:03-cv-2134(AWT).) During the pendency of the litigation, the City repealed the 2003 ordinance and enacted a superseding ordinance on May 7, 2007. (See Milford, Conn., ordinances ch. 2.3 (2007) (Pis.’ Mot. Summ. J. Ex. C.).) The City then filed a motion to dismiss Keepers’ case as moot, which was denied. The Board of Aldermen considered additional material on secondary effects when passing the 2007 ordinance, but the ordinance retains roughly similar prohibitions on nudity, touching, space requirements between patrons and dancers (“buffer zones”), receipt of gratuity, and licensing as were in the 2003 ordinance. (See ch. 2.3 (2007).) The 2007 ordinance also places more stringent requirements on operators of booths intended to exhibit sexually explicit films or videos (“adult arcades”). For instance, the 2007 ordinance requires brighter illumination in viewing booths and requires that: the interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator’s station of every area of the premises, including the interior of each viewing room ... to which any patron is permitted access for any purpose.... The view required ... must be by direct line of sight from the operator’s station. It is the duty of the operator to ensure that at least one employee is on duty and situated in each operator’s station at all times that any patron is on the premises. It shall be the duty of the operator ... to ensure that the view area specified in this paragraph remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present .... § 2.3-13(a)(7) (2007). Keepers, joined by After Dark, filed a second action challenging the constitutionality of the 2007 ordinance. The claims in the previous suit concerning the 2003 ordinance were joined with the claims in this case. II. LEGAL STANDARD A motion for summary judgment may not be granted unless the court determines that there is no genuine issue of material fact to be tried and that the facts as to which there is no such issue warrant judgment for the moving party as a matter of law. Fed.R.Civ.P. 56(a). See Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Gallo v. Prudential Residential Servs., 22 F.3d 1219, 1223 (2d Cir.1994). Rule 56(c) “mandates the entry of summary judgment ... against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp., 477 U.S. at 322, 106 S.Ct. 2548. When ruling on a motion for summary judgment, the court must respect the province of the jury. The court, therefore, may not try issues of fact. See, e.g., Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Donahue v. Windsor Locks Bd. of Fire Commis., 834 F.2d 54, 58 (2d Cir.1987); Heyman v. Commerce & Indus. Ins. Co., 524 F.2d 1317, 1319-20 (2d Cir.1975). It is well-established that “[cjredibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of the judge.” Anderson, 477 U.S. at 255, 106 S.Ct. 2505. Thus, the trial court’s task is “carefully limited to discerning whether there are any genuine issues of material fact to be tried, not to deciding them. Its duty, in short, is confined ... to issue-finding; it does not extend to issue-resolution.” Gallo, 22 F.3d at 1224. Summary judgment is inappropriate only if the issue to be resolved is both genuine and related to a material fact. Therefore, the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment. An issue is “genuine ... if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson, 477 U.S. at 248, 106 S.Ct. 2505 (internal quotation marks omitted). A material fact is one that would “affect the outcome of the suit under the governing law.” Id. As the Court observed in Anderson: “[T]he materiality determination rests on the substantive law, [and] it is the substantive law’s identification of which facts are critical and which facts are irrelevant that governs.” Id. Thus, only those facts that must be decided in order to resolve a claim or defense will prevent summary judgment from being granted. When confronted with an asserted factual dispute, the court must examine the elements of the claims and defenses at issue on the motion to determine whether a resolution of that dispute could affect the disposition of any of those claims or defenses. Immaterial or minor facts will not prevent summary judgment. See Howard v. Gleason Corp., 901 F.2d 1154, 1159 (2d Cir.1990). When reviewing the evidence on a motion for summary judgment, the court must “assess the record in the light most favorable to the non-movant and ... draw all reasonable inferences in its favor.” Weinstock v. Columbia Univ., 224 F.3d 33, 41 (2d Cir.2000) (quoting Delaware & Hudson Ry. Co. v. Consol. Rail Corp., 902 F.2d 174, 177 (2d Cir.1990)). Because credibility is not an issue on summary judgment, the nonmovant’s evidence must be accepted as true for purposes of the motion. Nonetheless, the inferences drawn in favor of the nonmovant must be supported by the evidence. “[M]ere speculation and conjecture is insufficient to defeat a motion for summary judgment.” Stern v. Trustees of Columbia Univ., 131 F.3d 305, 315 (2d Cir.1997) (internal quotation marks omitted) (quoting Western World Ins. Co. v. Stack Oil, Inc., 922 F.2d 118, 121 (2d Cir.1990)). Moreover, the “mere existence of a scintilla of evidence in support of the [nonmovant’s] position will be insufficient; there must be evidence on which [a] jury could reasonably find for the [nonmovant].” Anderson, 477 U.S. at 252, 106 S.Ct. 2505. Finally, the nonmoving party cannot simply rest on the allegations in its pleadings since the essence of summary judgment is to go beyond the pleadings to determine if a genuine issue of material fact exists. See Celotex Corp., 477 U.S. at 324, 106 S.Ct. 2548. “Although the moving party bears the initial burden of establishing that there are no genuine issues of material fact,” Weinstock, 224 F.3d at 41, if the movant demonstrates an absence of such issues, a limited burden of production shifts to the nonmovant, who must “demonstrate more than some metaphysical doubt as to the material facts, ... [and] must come forward with specific facts showing that there is a genuine issue for trial.” Aslanidis v. United States Lines, Inc., 7 F.3d 1067, 1072 (2d Cir.1993) (quotation marks, citations and emphasis omitted). Furthermore, “unsupported allegations do not create a material issue of fact.” Weinstock, 224 F.3d at 41. If the nonmovant fails to meet this burden, summary judgment should be granted. If the nonmoving party does not respond to the motion, the court may accept as true the moving party’s factual statements. See D. Conn. L. Civ. R. 56(a)l (“All material facts set forth in [the moving party’s Rule 56(a)l] statement will be deemed admitted unless controverted....). Even if the motion is unopposed, however, the court will not grant summary judgment unless it determined that the moving party is entitled to judgment as a matter of law. See Vermont Teddy Bear Co. v. 1-800 Beargram Co., 373 F.3d 241, 242 (2d Cir.2004). III. DISCUSSION A. Mootness of Claim re 2003 Ordinance The defendant contends that the court lacks subject matter jurisdiction to hear Keepers’ constitutional challenge to the 2003 ordinance, because the City’s repeal of the ordinance, effective May 18, 2007, rendered Keepers’ challenge moot. Keepers maintains that its claim for nominal damages pursuant to its claim based on the 2003 ordinance is justiciable upon proof of a substantive constitutional violation. “Claims for damages or other monetary relief automatically avoid mootness, so long as the claim remains viable.” Stokes v. Vill. of Wurtsboro, 818 F.2d 4, 6 (2d Cir.1987); see also Beyah v. Coughlin, 789 F.2d 986, 988-89 (2d Cir.1986) (holding that an allegedly unconstitutional practice, which no longer affects plaintiff, “may well moot [plaintiffs] claims for declaratory and injunctive relief’ but does not moot the request for damages). Additionally, “nominal damages are available in actions alleging violations of constitutionally protected rights.” Fox v. Bd. of Trs. of the State Univ., 42 F.3d 135, 141 (2d Cir.1994); see also Memphis Cmty. Sch. Dist. v. Stachura, 477 U.S. 299, 308-09 n. 11, 106 S.Ct. 2537, 91 L.Ed.2d 249 (1986) (noting that nominal damages are recoverable for violation of First Amendment rights without proof of actual injury); Buckhannon Bd. & Care v. W.Va. Dept. of Health & Human Res., 532 U.S. 598, 608-09, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001) (“[S]o long as the plaintiff has a cause of action for damages, a defendant’s change in conduct will not moot the case.”). The court concludes that Keepers’ challenge to the repealed 2003 ordinance is not moot. Therefore, the City’s motion for summary judgment on the basis that the challenge to the 2003 ordinance is moot is being denied. B. First Amendment — Undue Burden on Protected Expression The plaintiffs and the defendant each move for summary judgment on the claim that the 2003 and 2007 ordinances constitute an undue burden on protected expressive conduct in violation of the First Amendment. The First Amendment, which applies to the states through the Fourteenth Amendment, see Thornhill v. Alabama, 310 U.S. 88, 95, 60 S.Ct. 736, 84 L.Ed. 1093 (1940), provides, “Congress shall make no law ... abridging the freedom of speech____” U.S. Const. Amend. I. Speech may include expressive conduct. See, e.g., Texas v. Johnson, 491 U.S. 397, 404-06, 109 S.Ct. 2533, 105 L.Ed.2d 342 (1989); Clark v. Cmty. for Creative Non-Violence, 468 U.S. 288, 293, 104 S.Ct. 3065, 82 L.Ed.2d 221 (1984). Adult entertainment, such as that the plaintiffs provide, is protected expression under the First Amendment, however the Supreme Court has consistently held that nude dancing and the presentation of adult media is expressive conduct that “falls within the outer ambit of the First Amendment’s protection.” City of Erie v. Pap’s A.M., 529 U.S. 277, 289, 120 S.Ct. 1382, 146 L.Ed.2d 265 (2000); see also Barnes v. Glen Theatre, Inc., 501 U.S. 560, 565-66, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991) (Nude dancing “is expressive conduct within the outer perimeters of the First Amendment, though we view it as only marginally so.”); Schad v. Mount Ephraim, 452 U.S. 61, 66, 101 S.Ct. 2176, 68 L.Ed.2d 671 (1981) (“[N]ude dancing is not without its First Amendment protections.”); American Mini Theatres, 427 U.S. 50, 71, 96 S.Ct. 2440 (1976) (stating that “the First Amendment will not tolerate the total suppression of erotic materials that have some arguably artistic value, it is manifest that society’s interest in protecting this type of expression is of a wholly different, and lesser, magnitude than the interest in untrammeled political debate”). Thus, municipal ordinances that regulate nude dancing and the presentation of adult media are subject to constitutional scrutiny. Regulations of speech based on content “are presumptively invalid,” but may be upheld if the restriction passes strict scrutiny. Hobbs v. Cnty. of Westchester, 397 F.3d 133, 149 (2d Cir.2005), cert. denied, 546 U.S. 815, 126 S.Ct. 340, 163 L.Ed.2d 51 (2005) (quoting R.A.V. v. City of St. Paul, 505 U.S. 377, 382, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992) and citing Boos v. Barry, 485 U.S. 312, 321, 108 S.Ct. 1157, 99 L.Ed.2d 333 (1988)). However, regulations of speech on a basis other than content receive intermediate scrutiny analysis. See, e.g., Pap’s A.M., 529 U.S. at 289, 120 S.Ct. 1382; City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425, 440, 122 S.Ct. 1728, 152 L.Ed.2d 670 (2002) (plurality opinion); Ward v. Rock Against Racism, 491 U.S. 781, 798 n. 6, 109 S.Ct. 2746, 105 L.Ed.2d 661 (1989); United States v. O’Brien, 391 U.S. 367, 377, 88 S.Ct. 1673, 20 L.Ed.2d 672 (1968); Hobbs, 397 F.3d at 149. To determine whether a regulation of expressive conduct is based on content or is content-neutral: The principal inquiry ... is whether the government has adopted a regulation of speech because of disagreement with the message it conveys. Government regulation of expressive activity is content neutral so long as it is justified without reference to the content of the regulated speech. A regulation that serves purposes unrelated to the content of expression is deemed neutral, even if it has an incidental effect on some speakers or messages but not others. Thus, a regulation that targets only potentially harmful secondary effects of speech, rather than the contents of the speech itself or the listener’s agreement or disagreement with those contents, is deemed content-neutral. Id. at 149-50 (internal quotation marks and citations omitted). The 2003 and 2007 ordinances are content-neutral. The stated purpose of the 2003 ordinance is to “protect and preserve the health, safety and welfare of the patrons of [sexually oriented businesses], as well as the health, safety and welfare of the City’s citizens ... because such businesses may and do generate secondary effects which are detrimental to neighborhoods.” § 2.3 — 1(1). The ordinance identifies the secondary effects associated with sexually oriented businesses as including “personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, illicit drug use and drug trafficking, negative impacts on property values, urban blight, pornographic litter, and sexual assault and exploitation.” § 2.3 — 1(6). Similarly, the stated purpose of the 2007 ordinance is “to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens .of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the City.” § 2.3-l(a). The ordinance identifies such secondary effects as including “personal and property crimes, prostitution, lewdness, public indecency, unsanitary conditions, potential spread of disease, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, blight, litter, and sexual assault and exploitation.” § 2.3 — 1(b)(1). Both ordinances include express findings and cite the evidence the Board relied upon in reaching the conclusion that sexually oriented businesses are associated with the listed adverse secondary effects. See § 2.3 — 1(2) and (6) (2003) and § 2.3-l(b)(l) (2007). Because the 2003 and 2007 ordinances are not an attempt to regulate the primary effects of the expression, but rather target secondary effects of the expression, the court concludes that the ordinances are content-neutral time, place, and manner regulations, and thus subject to intermediate scrutiny. The standard for evaluating restrictions on symbolic speech such as erotic dancing is set forth in United States v. O’Brien. See Pap’s A.M., 529 U.S. at 289, 120 S.Ct. 1382 (citing United States v. O’Brien, 391 U.S. 367, 377, 88 S.Ct. 1673, 20 L.Ed.2d 672 (1968)). “Under O’Brien, an ordinance is valid if (1) it is within the constitutional power of the government; (2) it furthers an important or substantial government interest; (3) the government interest is unrelated to the suppression of free expression; and (4) the restriction is not greater than is essential to the furtherance of the government interest.” White River Amusement Pub, Inc. v. Town of Hartford, 481 F.3d 163, 169 (2d Cir.2007). 1. O’Brien’s First Element The plaintiffs appear to argue that the City lacks the power to enact the ordinances. However, it is clearly within the government’s lawful police powers to enact measures to protect public health and safety. See Pap’s AM., 529 U.S. at 296, 120 S.Ct. 1382 (the city’s “efforts to protect public health and safety are clearly within the city’s police powers”); Barnes, 501 U.S. at 567, 111 S.Ct. 2456; Conn. Gen. Stat. § 7-148(c)(7)(A)(ii). Therefore, this element is satisfied as to both ordinances. 2. O’Brien’s Second Element O’Brien also requires that an ordinance further an important or substantial government interest. See 391 U.S. at 377, 88 S.Ct. 1673. The plaintiffs argue that the ordinances fail this test, or at the very least, genuine issues of material fact exist as to whether the materials relied on by the City demonstrate that this test is satisfied, thus making summary judgment in favor of the defendant inappropriate. The City argues that the ordinances are sufficiently supported by evidence in the legislative record and thus satisfy this element. “[T]o demonstrate that an ordinance furthers a substantial government interest, a municipality must show that in enacting the legislation, it relied on some evidence ‘reasonably believed to be relevant’ to the problem of negative secondary effects.” White River Amusement Pub, Inc., 481 F.3d at 171 (quoting City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 51, 106 S.Ct. 925, 89 L.Ed.2d 29 (1986)). A municipality must provide some evidence of a connection between “the speech regulated by the ordinance and the secondary effects that motivated the adoption of the ordinance.” Alameda Books, 535 U.S. at 441, 122 S.Ct. 1728. However, “a city need not prove that such a link exists or prove that its ordinance will be effective in suppressing secondary effects.” White River Amusement Pub, Inc., 481 F.3d at 171. While “[t]he municipality’s evidence must fairly support the municipality’s rationale for its ordinance,” Alameda Books, 535 U.S. at 438, 122 S.Ct. 1728, this inquiry takes the form of a burden-shifting analysis. If plaintiffs fail to cast direct doubt on this rationale, either by demonstrating that the municipality’s evidence does not support its rationale or by furnishing evidence that disputes the municipality’s factual findings, the municipality meets the standard set forth in Renton. If plaintiffs succeed in casting doubt on a municipality’s rationale in either manner, the burden shifts back to the municipality to supplement the record with evidence renewing support for a theory that justifies its ordinance. Alameda Books, Inc., 535 U.S. at 438-49, 122 S.Ct. 1728 (2002) (citing Pap’s AM., 529 U.S. at 298, 120 S.Ct. 1382). In commenting on the breadth of evidence a city may consider, the Second Circuit has noted: Based on this standard, the Supreme Court has upheld ordinances where a city conducted hearings and reviewed a report on the experience of other cities, Renton, 475 U.S. at 44, 106 S.Ct. 925; expressly relied on the evidentiary foundation in prior judicial opinions as well as the city’s own findings, Pap’s AM., 529 U.S. at 296-97, 120 S.Ct. 1382; and relied on a study conducted many years prior to enactment of the ordinance, Alameda Books, 535 U.S. at 430, 122 S.Ct. 1728. White River Amusement Pub, Inc., 481 F.3d at 171 (internal citations partially omitted). Because the briefing on this element does not distinguish between the 2003 and 2007 ordinance, the court assumes that the parties’ arguments apply equally to both. The legislative history of the 2007 ordinance is slightly different from that of the 2003 ordinance. On June 2, 2003, the Board of Aldermen took up the issue of amending the City’s Ordinance Regulating Adult-Oriented Establishments that was enacted in 1996. The Board placed into the record 43 studies on the negative secondary effects of adult businesses, but postponed the vote on the proposed amendments until August 4, 2003, when the Board voted to amend the ordinance. The policy statement, set forth in § 2.3-1 of the 2003 ordinance, provides: This ordinance is based on evidence of the adverse secondary effects of adult uses that is within the common knowledge of municipalities and is widely reported in judicial opinions, media reports, land use studies, and crime impact reports made available to the Board of Aldermen, several of which are set forth herein. Additionally, the Board of Aldermen relies on this body of secondary effects evidence to support time, place, and manner regulations of sexually oriented businesses. The ordinance states that in support of these findings the Board of Aldermen relied upon “findings of secondary effects” discussed in cases such as Pap’s A.M., 529 U.S. 277, 120 S.Ct. 1382, Alameda Books, 535 U.S. 425, 122 S.Ct. 1728, Renton, 475 U.S. 41, 106 S.Ct. 925, and others. § 2.3-1(1) (2003). The ordinance further states that it “relies on reports concerning secondary effects occurring in and around sexually oriented businesses” in cities such as Phoenix, Minneapolis, and Houston. Id. Finally, the Board of Aldermen relied on the paper “Sexually Oriented Businesses: An Insider’s View,” and the Report of the Attorney General’s Working Group on the Regulation of Sexually Oriented Businesses. See id. The legislative record in support of the 2007 ordinance includes but is not limited to the court opinions, reports and studies relied upon by the Board of Aldermen in support of the 2003 ordinance. The additional evidence included opinions, reports, and studies supporting the conclusion that sexually oriented businesses are linked to a variety of secondary effects. The Board of Aldermen was also presented with an article authored by the plaintiffs’ expert witness challenging many of the studies supporting the negative secondary effects of adult businesses presented to the City. Prior to voting to adopt the 2007 ordinance, the Board of Aldermen viewed a PowerPoint presentation by Attorney Bergthold, outside counsel for the - city, which outlined and summarized the secondary effects reports, studies, and related court opinions previously provided to the Board. The 2007 ordinance states that the Board relied on these various sources in enacting the ordinance. See § 2.3-l(b). a. Relationship of Evidence the City Relies Upon to the Secondary Effects It Identifies The plaintiffs argue that the City’s evidence does not demonstrate that the regulations are likely to successfully ameliorate the adverse secondary effects targeted by the ordinances. Specifically, the plaintiffs attack the sufficiency of the evidence, claiming that it is “prepackaged,” and that the City “failed to undertake any attempt to determine whether the ... studies it relied upon were relevant to the experience of Milford.” (Pis.’ Mem. Resp. Def.’s Mot. Summ. J. 24.) While “a city must provide some evidence of a connection between the speech regulated by the ordinance and the secondary effects that motivated the adoption of the ordinance,” a municipality “need not prove that such a link exists or prove that its ordinance will be effective in suppressing secondary effects.” White River Amusement Pub, Inc., 481 F.3d at 171 (citing Alameda Books, 535 U.S. at 441, 122 S.Ct. 1728). “The First Amendment does not require a city, before enacting such an ordinance, to conduct new studies or produce evidence independent of that already generated by other cities, so long as whatever evidence the city relies upon is reasonably believed to be relevant to the problem the city addresses.” Renton, 475 U.S. at 51, 106 S.Ct. 925; see also Alameda Books, 535 U.S. at 439, 122 S.Ct. 1728 (explicitly rejecting the suggestion that a city be required to produce empirical data in support of the anticipated efficacy of its regulations). The plaintiffs also argue that because many of the materials the City relies on in enacting the ordinances involve municipal zoning ordinances and not licensing regulations, they cannot be reasonably relied upon. However, the fact that evidence is relevant to one type of issue does not, in and of itself, mean that it cannot be highly probative of an unrelated issue. The test is the relationship of the evidence to the issue under consideration, not whether it is also related to some other issue. Here, the relationship between the evidence considered by the-Board and the ordinances is one where the evidence considered supports the rationale for the ordinances. Thus, it was reasonable for the Board to rely on that evidence. The evidence considered by the Board of Alderman included cases documenting unsanitary conditions created by illicit sexual contact between patrons and performers. See, e.g., California v. LaRue, 409 U.S. 109, 111, 93 S.Ct. 390, 34 L.Ed.2d 342 (1972) (“Customers were found engaging in oral copulation with women entertainers; customers engaged in public masturbation; and customers placed rolled currency either directly into the vagina of a female entertainer, or on the bar in order that she might pick it up herself.”); DLS, Inc. v. City of Chattanooga, 107 F.3d 403, 411 (6th Cir.1997) (“Furthermore, particular dances described in the record — such as one instance in which a dancer invited customers to spoon-feed themselves whipped cream off of her breasts, buttocks, and vaginal area — pose a particularly acute risk of the transmission of disease.”). Also included was a report from a police department on the health conditions inside adult businesses in Tucson, Arizona, including a study of fluid samples taken from such establishments which tested positive for semen in well over 80% of samples taken. Additionally, a 1997 report from the Houston Sexually Oriented Business Ordinance Revision Committee discussed anonymous sex through book store “glory holes” and sexual contact in YIP rooms at strip clubs. Finally, the legislative record included a report discussing sexual contact during private dance activities; that report reflected that 67% of strippers interviewed had had their genitals grabbed in the strip club, and that 78% had had men expose their penises or masturbate in front of them. Such material is relevant for a Board seeking to regulate behavior within sexually oriented businesses because of a concern about unsanitary conditions and public health risks. Annex Books, Inc. v. City of Indianapolis, 581 F.3d 460 (7th Cir.2009), which the plaintiffs rely on with respect to this issue, is distinguishable. In finding that the evidence relied on by the defendant in enacting its adult business ordinance was insufficient, the Seventh Circuit noted that the zoning ordinances contained in the supporting material were different in nature than the ordinance at issue, which imposed hours of operation restrictions on adult bookstores. Also, it observed that “[m]ore importantly, the studies to which the City points concern adult business that offer live sex shows, viewing booths or both.... Three of the four plaintiffs in this suit, however, do not offer live entertainment.” Id. at 463. In other words, the ordinances relied upon by the city in Annex Books differed not only in form, but in substance from the ordinance the city ultimately enacted. Cf. Abilene Retail # 30, Inc. v. Bd. of Commis., 492 F.3d 1164, 1174-77 (10th Cir.2007) (noting that the relied-upon evidence was insufficient because the studies “examine the secondary effects of sexually oriented businesses located in urban environments; none examine businesses situated in an entirely rural area”.). b. The Plaintiffs’ Expert on “Direct Doubt” Regarding the Ordinances The plaintiffs argue that they have successfully “cast doubt” on the City’s rationale for Chapter 2.3 through their expert evidence. Specifically, the plaintiffs produce an affidavit, reports, and a study from their expert witness attacking the methodology used in evidence relied upon by the City to support the rationale that sexually oriented businesses are linked to crime and diminished property values. However, crime and diminished property values are only two of several secondary effects the City identifies as a basis for the enactment of the ordinances. For example, in the process of adopting the 2007 ordinance, the City found that the adverse secondary effects of adult businesses include, but are not limited to, “personal and property crimes, prostitution, lewdness, public indecency, unsanitary conditions, potential spread of disease, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, blight, litter, and sexual assault and exploitation.” § 2.3 — 1(b)(1) (2007). Even excluding those that may fall into the categories of “crime” and “property values,” the remaining secondary effects of adult businesses are by themselves substantial government interests. See Alameda Books, 535 U.S. at 435-36, 122 S.Ct. 1728 (upholding a city’s ordinance based on evidence of secondary effect (crime) even though the evidence of another secondary effect (diminished property values) was inconclusive); American Mini Theatres, 427 U.S. at 71, 96 S.Ct. 2440 (recognizing a city’s “interest in attempting to preserve the quality of urban life” is a substantial government interest); Renton, 475 U.S. at 50, 106 S.Ct. 925 (same); see also Conn. Gen. Stat. § 7-148(c)(7)(A)(ii) (including in a municipality’s powers the power to “[rjegulate the mode of using any buildings when such regulations seem expedient for the purpose of promoting the safety, health, morals and general welfare of the inhabitants of the municipality”). For example, the evidence the City relied on relating to the spread of disease and prevention of unsanitary conditions is discussed above. With respect to these secondary effects, the plaintiffs have failed to produce any evidence that calls into dispute the City’s factual findings. The only criticism the plaintiffs’ expert makes of this evidence is that it is foreign and is not empirical. This alone is not sufficient to cast direct doubt on the City’s rationale. Again, the City need not “conduct new studies or produce evidence independent of that already generated by other cities to demonstrate the problem of secondary effects, so long as whatever evidence the city relies upon is reasonably believed to be relevant to the problem that the city addresses.” See City of Erie v. Pap’s A.M., 529 U.S. at 296, 120 S.Ct. 1382 (quoting Renton v. Playtime Theatres, Inc., 475 U.S. at 51-52, 106 S.Ct. 925). Equally, the Board members may consider “anecdotal evidence, statistical data, prior cases, or their common sense.” Abilene Retail, 492 F.3d at 1174 (citing Alameda Books, 535 U.S. at 439-40, 122 S.Ct. 1728); see also World Wide Video of Wash., Inc. v. City of Spokane, 368 F.3d 1186, 1195-96 (9th Cir.2004) (“Anecdotal evidence and reported experience can be as telling as statistical data and can serve as a legitimate basis for finding negative secondary effects.”); Daytona Grand, Inc. v. City of Daytona Beach, Fla., 490 F.3d 860, 883 (11th Cir.2007) (noting that the City’s “anecdotal” evidence may be a more accurate assessment of “victimless crimes” — crimes in which all of those involved are willing participants — than empirical data, which often does not account for such crimes); Imaginary Images, Inc. v. Evans, 612 F.3d 736, 741 (4th Cir.2010) (noting the city “may demonstrate the efficacy of its method of reducing secondary effects by appeal to common sense, rather than empirical data.”). Thus, the court concludes that the plaintiffs have failed to demonstrate that the City’s evidence does not support its rationale. As the City’s rationale that sexually oriented businesses are linked to unsanitary conditions or potential spread of disease is fairly supported by evidence, and as the plaintiffs have failed to cast direct doubt on this rationale, either by demonstrating that the City’s evidence does not support its rationale or by furnishing evidence that disputes the City’s factual findings, the court concludes the City has met the standard set forth in Renton, and that the ordinances further the important or substantial government interest in maintaining the public health. 3.O’Brien’s Third Element The third element of the O’Brien test is that the. government’s interest must be unrelated to the suppression of free expression. The City’s goal of furthering the important or substantial government interest in maintaining the public health by addressing unsanitary conditions and public health risks is unrelated to the suppression of free expression. Thus, this element is satisfied. 4.O’Brien’s Fourth Element Finally, O’Brien requires that the restriction on protected expression must not be “greater than is essential to the furtherance of the government interest.” 391 U.S. at 377, 88 S.Ct. 1673. While the Supreme Court has used slightly different formulations to express this requirement since O’Brien, it has settled on the formulation that the regulation may not “burden substantially more speech than is necessary to further the government’s legitimate interests.” See Universal City Studios, Inc. v. Corley, 273 F.3d 429, 450 n. 25 (2d Cir.2001). The plaintiffs argue that the ordinances fail this standard in two ways. First, the plaintiffs argue that a pasties and g-string requirement is the maximum restriction on live dance entertainment that can satisfy O’Brien’s narrow tailoring requirement, and that as a result, any further regulation of the conduct itself, such as the buffer zone restriction, see § 2.3-3(7)(B) (2003) and § 2-3-17(b) (2007), and the prohibitions on direct touching and tipping, see § 2.3-3(7)(C-D) (2003) and § 2.3-17(c), is an impermissible restriction on expressive conduct. Second, the plaintiffs argue that the economic impact of the buffer zone, “no touching”/“no tipping”, and the interi- or configuration requirements reduce the quantity and accessibility of protected expression to an impermissible degree. a. Regulations on Conduct The plaintiffs’ assertion that the maximum restriction on live dance entertainment permissible pursuant to O’Brien’s balancing test is pasties and a g-string is unpersuasive. The plaintiffs rely on Barnes v. Glen Theatre, Inc. and City of Erie v. Pap’s A.M. While in both cases the Supreme Court indicated that a pasties and g-string limitation is a minimal restriction on nude dancing, neither case is properly read to suggest that this limitation is the most intrusive limitation that may be constitutionally imposed. See Barnes v. Glen Theatre, Inc., 501 U.S. at 572, 111 S.Ct. 2456 (concluding that where the state’s substantial interest was in protecting orders and morality by prohibiting public nudity, the requirement the dancers “wear at least pasties and G-strings is modest, and the bare minimum necessary to achieve the State’s purpose”); City of Erie v. Pap’s A.M., 529 U.S. at 301, 120 S.Ct. 1382 (“The requirement that dancers wear pasties and G-strings is a minimal restriction in furtherance of the asserted government interests, and the restriction leaves ample capacity to convey the dancer’s erotic message.”) (emphasis added); see also Richland Bookmart, Inc. v. Knox County, Tenn., 555 F.3d 512, 529-30 (6th Cir.2009) (noting that neither Barnes and Pap’s A.M. “may be read to suggest ... that pasties and g-strings are the most intrusive requirement that may be constitutionally imposed”); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291, 299 (6th Cir.2008) (upholding a prohibition on total nudity, the requirement that semi-nude performers maintain a six-foot distance from patrons on a stage at least eighteen inches from the floor and a no-touching rule between performers and audience members and holding that without further support, the argument that “the sum of the Ordinance’s parts placed such a significant burden on speech as to violate the First Amendment, even though each individual provision is constitutional ... is unavailing.”). b. Economic Impact The plaintiffs argue that the buffer zone, “no touching”/“no tipping”, and interior configuration requirements will impermissibly reduce the quantity and accessibility of protected expression. The plaintiffs assert that the City has the burden of demonstrating that the ordinances can appropriately ameliorate identified secondary effects “without impairing the quantity and accessibility of speech.” (Pis.’ Resp. Def.’s Mot. Summ. J. 42.) However, O’Brien and its progeny do not require the City to carry that burden, and the plaintiffs’ reliance on Justice Kennedy’s concurrence in Alameda Books for support for this proposition is unpersuasive. [A] narrowly tailored time, place, or manner regulation need not be the least intrusive means to achieve the government’s interest. The requirement of narrow tailoring is satisfied so long as the regulation promotes a substantial government interest that would be achieved less effectively absent the regulation, although the government may not regulate expression in such a manner that a substantial portion of the burden on speech does not serve to advance its goals. Centerfolds, Inc. v. Town of Berlin, 352 F.Supp.2d 183, 191 (D.Conn.2004) (citing Ward, 491 U.S. at 798-99, 109 S.Ct. 2746). Furthermore, the court does not agree with the plaintiffs that Justice Kennedy’s concurrence in Alameda Books “truly operationalizes” the fourth prong of O’Brien. (Pis.’ Resp. Def.’s Mot. Summ. J. 44.) Rather, Justice Kennedy was elaborating on Renton, not O’Brien. See 535 U.S. 425, 444-45, 122 S.Ct. 1728. It is within the context of identifying “the claim a city must make in order to justify a content-based zoning ordinance” that Justice Kennedy stated that “[t]he rationale for the ordinance must be that it will suppress secondary effects — and not by suppressing speech.” Id. at 449-50, 122 S.Ct. 1728. The concurrence stops short of referring t'o, let alone “operationalizing,” the standard that is to be applied with respect to O’Brien’s fourth element. The plaintiffs also argue that the effect on protected speech of the ordinances is “catastrophic” not only because the ordinance will require Keepers and After Dark to incur renovation costs, but also because the 2007 ordinance will make the businesses less profitable by limiting the amount of entertainment available. (Pis.’ Resp. Def.’s Mot. Summ. J. 44.) In support of this argument, the plaintiffs produce-diagrams of the two businesses with accompanying affidavits detailing the impossibility of compliance with the ordinance given the businesses’ current layouts. However, this evidence falls short of a showing that the ordinance “burden[s] substantially more speech than is necessary to further the government’s legitimate interests.” See Universal City Studios, Inc. v. Corley, 273 F.3d 429, 450 n. 25 (2d Cir.2001). The plaintiffs have merely shown that the interior of their establishments as configured currently are not amenable to compliance with the ordinance. It is not the case that the City, in order to craft a narrowly tailored ordinance, must take into account the interior configurations of all of the then-existing adult businesses prospectively subject to its regulations. Finally, the plaintiffs’ argument that economic impact must be considered in First Amendment analysis is addressed, and rejected, in Section' III.G.4.a, infra. The court finds that both the 2003 ordinance and the 2007 ordinance satisfy all four elements established in O’Brien. Therefore, the ordinances are valid restrictions on speech, and the plaintiffs’ motion for summary judgment on their First Amendment claim based on undue burden on protected expression is being denied and the defendant’s motion for summary judgment on the First Amendment claim based on undue burden on protected expression is being granted. C. Fourteenth Amendment — Vagueness The plaintiffs claim that the 2003 and 2007 ordinances are unconstitutionally vague in violation of the Due Process Clause of the Fourteenth Amendment. The defendant contends that the plaintiffs lack standing to bring such a claim, that the ordinances’ scienter requirements defeat any vagueness claim, and that, in any event, the ordinances are not vague. “As one of the most fundamental protections of the Due Process Clause, the void-for-vagueness doctrine requires that laws be crafted with sufficient clarity to give the person of ordinary intelligence a reasonable opportunity to know what is prohibited and to provide explicit standards for those who apply them.” VIP of Berlin, LLC v. Town of Berlin, 593 F.3d 179, 186 (2d Cir.2010). “A statute can be impermissibly vague for either of two independent reasons. First, if it fails to provide people of ordinary intelligence a reasonable opportunity to understand what conduct it prohibits. Second, if it authorizes or even encourages arbitrary and discriminatory enforcement.” Id. at 186-87 (quoting Hill v. Colorado, 530 U.S. 703, 732, 120 S.Ct. 2480, 147 L.Ed.2d 597 (2000)). As the Supreme Court has explained: First, because we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited so that he may act accordingly. Vague laws may trap the innocent by not providing fair warning. Second, if arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them. Grayned v. City of Rockford, 408 U.S. 104, 108, 92 S.Ct. 2294, 33 L.Ed.2d 222 (1972). “In reviewing an ordinance’s language for vagueness, ‘we are relegated ... to the words of the ordinance itself, to the interpretations the court below has given to analogous statutes, and perhaps to some degree, to the interpretation of the statute given by those charged with enforcing it.’ ” VIP of Berlin, 593 F.3d at 187 (quoting Groyned, 408 U.S. at 110, 92 S.Ct. 2294). However, “although the [official charged with enforcing the ordinance’s] understanding of the ordinance’s terms is relevant ‘perhaps to some degree,’ our inquiry begins with the text of the ordinance.” Id. (internal citation omitted). An ordinance may be challenged on the ground that it is impermissibly vague “as applied” to the plaintiffs and/or on the ground that it is impermissibly vague “on its face.” 1. As-Applied Vagueness Claim In their Reply in Support of Plaintiffs’ Motion for Partial Summary Judgment (Doc. No. 86), the plaintiffs dispute that they are mounting solely a facial challenge to § 2.3 and assert that they also challenge the ordinances as applied to them. The defendant has not responded to this contention as the plaintiffs make this claim for the first time in their reply brief. In any event, the court finds that the plaintiffs lack standing to bring an as-applied challenge. It is well-established that “[o]ne to whose conduct a statute clearly applies majf not successfully challenge it for vagueness.” Parker v. Levy, 417 U.S. 733, 756, 94 S.Ct. 2547, 41 L.Ed.2d 439 (1974). While Parker v. Levy was decided in the criminal law context, this principle equally applies to regulations affecting adult-oriented businesses. See Young v. American Mini Theatres, Inc., 427 U.S. 50, 58-59, 96 S.Ct. 2440, 49 L.Ed.2d 310 (1976) (“For even if there may be some uncertainty about the effect of the ordinances on other litigants, they are unquestionably applicable to these respondents.... To the extent that their challenge is predicated on inadequate notice resulting in a denial of procedural due process under the Fourteenth Amendment, it must be rejected.”); Gold Diggers, LLC v. Town of Berlin, Conn., 469 F.Supp.2d 43, 54 (D.Conn.2007) (finding no standing and noting that “it appears that plaintiffs intend to operate [adult-oriented businesses] and that the ordinance unquestionably applies to them”). The plaintiffs state that they are a “cabaret-style nightclub” that “features live, non-obscene, clothed and seminude (“topless”) performance dance entertainment presented to the consenting adult public.” (Compl. ¶ 12). They intend to operate and continue to operate a business such that the ordinance is “unquestionably applicable” to them and that “any element of vagueness” as to the terms defining businesses to be regulated “has not affected [the plaintiffs].” See Gold Diggers, 469 F.Supp.2d at 54. Thus, the plaintiffs cannot establish standing,to bring an “as applied” due process vagueness claim. A statute may also be vague as-applied if it “authorizes or even encourages arbitrary and discriminatory enforcement.” VIP of Berlin, 593 F.3d at 186. The plaintiffs have made no claim that the ordinance has been or will be arbitrarily or diseriminatorily enforced against Keepers. See United States v. Lambert, 446 F.Supp. 890, 896 (D.Conn.1978) (rejecting plaintiffs as-applied vagueness challenge because “the present case is not an example of the government’s unfettered discretion”). The plaintiffs’ as-applied challenge thus fails. 2. Facial Vagueness Claims “Federal courts as a general rule allow litigants to assert only their own legal rights and interests, and not the legal rights and interests of third parties.” Farrell v. Burke, 449 F.3d 470, 494 (2d Cir.2006); see also Broadrick v. Oklahoma, 413 U.S. 601, 610, 93 S.Ct. 2908, 37 L.Ed.2d 830 (1973) (“Embedded in the traditional rules governing constitutional adjudication is the principle that a person to whom a statute may constitutionally be applied will not be heard to challenge that statute on the ground that it may conceivably be applied unconstitutionally to others.”). However, “the limitations on third-party standing that restrict shch challenges are prudential, not jurisdictional.” Dickerson v. Napolitano, 604 F.3d 732, 742 (2d Cir.2010). Courts have recognized exceptions to this requirement. One such exception “has been carved out in the area of the First Amendment.” Id. at 611, 93 S.Ct. 2908. See also Members of City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S 789, 798-99, 104 S.Ct. 2118, 80 L.Ed.2d 772 (1984) (recognizing the overbreadth doctrine in First Amendment jurisprudence as an exception from “the general rule that constitutional adjudication requires a review of the application of a statute to the conduct of the party before the Court”); Lambert, 446 F.Supp. at 896 (same). Thus, “[t]he general rule disfavoring facial vagueness challenges does not apply in the First Amendment context.” Farrell, 449 F.3d at 496. This limited exception reflects the “weighty countervailing policies” behind protecting First Amendment rights. Broadrick, 413 U.S. at 611, 93 S.Ct. 2908 (citing United States v. Raines, 362 U.S. 17, 22-23, 80 S.Ct. 519, 4 L.Ed.2d 524 (1960)). As explained in Young v. American Mini Theatres, Inc., a defendant whose own speech [is] unprotected [has] standing to challenge the constitutionality of a statute which purported to prohibit protected speech, or even speech arguably protected. This exception from traditional rules of standing to raise constitutional issues has reflected the Court’s judgment that the very existence of some statutes may cause persons not before the Court to refrain from engaging in constitutionally protected speech or expression. 427 U.S. 50, 59-60, 96 S.Ct. 2440, 49 L.Ed.2d 310 (1976) (citing Broadrick, 413 U.S. at 611-614, 93 S.Ct. 2908). The danger that statutes may infringe upon the fundamental speech rights of persons not before the court has led First Amendment jurisprudence to recognize a different approach where the statute at issue purports to regulate or proscribe rights of speech or press protected by the First Amendment. Although a statute may be neither vague, overbroad, or otherwise invalid as applied to the conduct charged against a particular defendant, he is permitted to raise its vagueness or unconstitutional overbreadth as applied to others. And if the law is found deficient in one of these respects, it may 'not be applied to him either, until and unless a satisfactory limiting construction is placed on the statute. Coates v. City of Cincinnati, 402 U.S. 611, 619-20, 91 S.Ct. 1686, 29 L.Ed.2d 214 (1971) (internal citations omitted); see also United States v. Williams, 553 U.S. 285, 304-06, 128 S.Ct. 1830, 170 L.Ed.2d 650 (2008) (“Although ordinarily [a] plaintiff who engages in some conduct that is clearly proscribed cannot complain of the vagueness of the law as applied to the conduct of others, we have relaxed that requirement in the First Amendment context, permitting plaintiffs to argue that a statute is overbroad because it is unclear whether it regulates a substantial amount of protected speech” (internal quotation marks omitted).) Thus, “[a] defendant whose conduct is at the ‘core’ of the activities clearly covered by the statute’s terms may only raise a vagueness defense if the statute is one that is likely to chill the exercise of constitutionally protected conduct.” United States v. Loy, 237 F.3d 251, 259 (3d Cir.2001); see also Young, 427 U.S. at 60, 96 S.Ct. 2440 (“[I]f a statute’s deterrent effect on legitimate expression is both real and substantial, and if the statute is readily subject to a narrowing construction by the state courts, the litigant is not permitted to assert the rights of third parties.”) (internal quotation marks and citations omitted). Here, the plaintiffs may assert a facial vagueness challenge to the ordinances. To be constitutional, a law must “give the person of ordinary intelligence a reasonable opportunity to know what is prohibited so that he may act accordingly.” Grayned, 408 U.S. at 108, 92 S.Ct. 2294. “Vagueness in the law is particularly troubling when First Amendment rights are involved”, and as a result, “[w]here a statute’s literal scope, unaided by a narrowing state court interpretation, is capable of reaching expression sheltered by the First Amendment, the doctrine demands a greater degree of specificity than in other contexts.” Farrell, 449 F.3d at 485 (quoting Smith v. Goguen, 415 U.S. 566, 573, 94 S.Ct. 1242, 39 L.Ed.2d 605 (1974)). However, as Court observed in Young, that requirement of a greater degree of specificity required for statutes which infringe on First Amendment rights is relaxed somewhat in the context of adult entertainment. See 427 U.S. at 61, 96 S.Ct. 2440. In rejecting a vagueness challenge for a zoning ordinance affecting sexually-oriented businesses, the Court stated: [t]he fact that the First Amendment protects some, though not necessarily all, of [pornographic material] from total suppression does not warrant the further conclusion that an exhibitor’s doubts as to whether a borderline film may be shown in his theater ... involves the kind of threat to the free market in ideas and expression that justifies the exceptional approach to constitutional adjudication recognized in [other First Amendment cases]. Id. a. 2003 Ordinance Keepers challenges the 2003 ordinance contending that the terms “adult cabaret” and “any commercial establishment that regularly features adult entertainment” are unconstitutionally vague. The plaintiffs also assert that the challenge to the use of the term “regularly features” applies with equal force to the 2007 ordinance. The plaintiffs argue that the terms are impermissibly vague because (a) “they define for regulation that which is also prohibited by the ordinance,” and (b) the terms are defined using the words “regularly features,” which “contains no specific standards.” (Pis.’ Mem. Supp. Mot. Summ. J. 6, 8.) Finally, the plaintiffs argue that the licensing scheme which governs Chapter 2.3 is unconstitutionally vague. i. “They Define for Regulation That Which Is also Prohibited by the Ordinance” Keepers argues that the type of entertainment regulated by the 2003 ordinance is later banned by the ordinance pursuant to the ordinance’s definition of “nudity or a state of nudity”. Keepers contends that this contradiction renders the ordinance impermissibly vague. However, the court concludes, for substantially the reasons set forth in the defendant’s brief, that Keepers has misread the ordinance and that no such conflict exists. (See Def.’s Resp. Pis.’ Mot. Summ. J. 6-8.) The ordinance defines the establishments it seeks to regulate (adult cabarets and commercial establishments that regularly feature adult entertainment) as establishments regularly featuring conduct “characterized by an emphasis on any specified anatomical areas”, and then prohibits conduct relating to a subset of “specified anatomical areas”. See § 2.3 — 2(4); § 2.3-2 ; § 2.3-2(18); § 2.3-2(13) (2003). Thus, “specified anatomical areas” that are not prohibited include the “less than completely and opaquely covered ... ii. buttocks” and “iii. female breasts below a point immediately above the top of the areola” excluding the areola and nipple. Thus, dancers can wear clothing that exposes these “specified anatomical areas”— e.g. pasties and a g-string. ii. “Regularly Features” The plaintiffs argue that the terms “adult cabaret” and “any commercial establishment that regularly features adult entertainment” are impermissibly vague because a component of the terms, “regularly features” lacks standards critical to determining whether an establishment operates as an adult-oriented business per the ordinances. Where ‘the only vagueness in the ordinances relates to the amount of sexually explicit activity that may be portrayed before the material can be said to’ fall within the scope of the ordinances, the Supreme Court has expressed skepticism about whether such ordinances have a ‘significant deterrent effect on ... First Amendment’ rights. VIP of Berlin, LLC v. Town of Berlin, 593 F.3d 179, 186 n. 5 (2d Cir.2010) (quoting Young v. Am. Mini Theatres, Inc., 427 U.S. 50, 60-61, 96 S.Ct. 2440, 49 L.Ed.2d 310 (1976) (rejecting a f