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INTERECTION ADULT BOUTIQUE DEFEAT CITY OVER PREVIEW BOOTHS
By: Andy Powell, Staff Writer - 04-01-10 - 12:00 a.m PDT
Email Andy@JRLChartsonline.com
After a week of hearing about city government pounding the day lights out of adult video stores, JRL can finally put a victory flag in the win column for our retailers!
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The owners of Inserection Adult Fantasy store located at 5110 University Boulevard West, Jacksonville, FL, a novelty and video boutique, said the city should pay them $170,000 for trying to shut the business down three years ago.
Back In 2007, police arrested numerous customers for having sex in the booths at the store and also arrested the manager for operating the preview booths without supervising the preview booth areas.
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Police told the store to close the preview booth section of the store. "A judge prior to our trial today found that unconstitutional," said Gary Edinger, an attorney for Inserection Adult Fantasy. "Police officers are not allowed to do that sort of thing without a hearing, and that's what makes America America."
Shortly after the judge's ruling, Interections was back open and yes including the preview booths were open for business. The owners sued the city and won!
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Now the judge has to decide just how much the city will pay to compensate the owners Interection Adult Boutique for the lost revenue they sustained. The preview booths are up and running again, but the owners stated that they lost thousands of dollars when they were shut down by authorities.
"Had Jacksonville acted like a regular city, they would have referred to code enforcement or filed a civil suit and no one get hurt and there is no money damages," Edinger said. "That is not how Jacksonville does business, however, and they are going to pay for it."
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City attorneys admit the lawsuit is difficult and they hope the judge will not award the store any money because they believe the city is within the law when it comes to regulating these types of retail outlets.
"It's been very frustrating to our elected officials," city attorney Cindy Laquidara said. "They have done everything they can do to diminish it.Nonetheless, the nine people on the Supreme Court cannot differentiate this type of behavior and actual First Amendment rights."
The judge heard testimony yesterday and he is expected to make a ruling on the amount of money to be paid within the next 30 days.
