The Municipal Code currently regulates some of these uses near schools and throughout the City, including a prohibition on adult uses and a conditional use permit for bars. The Measure states it will not limit existing Code restrictions. Each regulation will need to be evaluated to determine whether the new provisions or current regulations will apply. A legal question exists whether public theaters, which have First Amendment constitutional protection, can be prohibited as proposed in the Measure. Measure M would add a prohibition to the Municipal Code on constructing new buildings more than 22 feet in height near schools which are located mostly in residential zones.
Current law requires a connection between an ordinance's purpose and effect.
A Redevelopment Agency is governed by California State law and its actions cannot be changed through the initiative process. A legal question exists about the effectiveness of this provision. Measure M also would allow a Culver City resident to enforce or defend it if challenged in court, and provides attorney's fees for successful residents. Both issues are currently regulated by California State law, which controls local provisions. Measure M attempts to protect certain private property rights by containing a retroactivity provision which is subject to applicable state and federal law.