Can an amendment to the zoning code prohibit adult entertainment?

While adult theaters (and speech in general) may be regulated, such regulation may only occur where the speech to be regulated has secondary effects and it is the secondary effects that the regulation is actually targeting. See City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 49 (1986). Damach argued that the amendment prohibiting adult cabaret violated First Amendment jurisprudence because it failed to establish, in its factual findings, that the zoning amendment's purpose was not primarily to restrict free speech. The district court, however, found that adult entertainment had always been prohibited in the area where Damach hoped to open its adult cabaret because zoning ordinance 35-6 states: "No building or structure shall be ... used, designed or arranged for any purpose other than the uses permitted in the district in which the building or structure or land is located..." Thus, reasoned the district court in dismissing Damach's complaint, the "alleged failure to create a record to sustain, factually, adverse secondary effects of the permitted use cannot be a basis for finding the prohibition violative of the First Amendment when the violation, if there be one, is not the result of the amendments but another enactment."