(SD)-Federal Judge Rules Against Rapid City In Adult Business Denial
RAPID CITY, S.D. (AP) - A federal judge has ruled Rapid City violated a businessman's constitutional rights when it denied him a permit to open an adult store.
Dick and Jane's Naughty Spot owner David Eliason wanted to sell adult movies and magazines, lingerie, and sex toys at the store and was given initial approval by the Rapid City planning commission, only to have the City Council deny a needed conditional use permit.
Rapid City zoning ordinances bar sexually-oriented businesses from locating within 1,000 feet of any educational facility and a taekwondo studio closer than that objected to the store, which was the reason cited by the council for its action.
Judge Jeffrey Viken overturns that decision, ruling the city's ordinance is overly broad and some City Council members who expressed moral disapproval of Eliason's store may not have objectively applied the zoning guidelines.
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