Hustler Hollywood Files Suit After City Rejects New Store

Hustler Hollywood Files Suit After City Rejects New Store

INDIANAPOLIS — Hustler Hollywood has filed a federal lawsuit against the city of Indianapolis over a zoning denial that the company said is infringing on its constitutional right to operate one of its stores.

The retail store, already renovated and stocked with merchandise, is ready to open. But city leaders have put the brakes on any store opening.

Hustler Hollywood counsel, in a suit filed Thursday at U.S. District Court in Indianapolis, said that the city is incorrectly classifying the store as an adult-oriented business and has denied it the permits that it needs for it to open.

Hustler Hollywood said that the city’s actions are depriving it of both its First Amendment right to free expression and its 14th Amendment right to equal protection of law.

Hustler Hollywood, which operates about 20 stores in the U.S., this past summer signed a 10-year lease for the property, which is located in the Castleton area.

But last week, Hustler Hollywood filed suit against the consolidated City of Indianapolis/Marion County, as well as the Metropolitan Board of Zoning Appeals and the Department of Business and Neighborhood Services.

The suit claimed Hustler Hollywood execs talked with city officials so it could understand what it needed to do to avoid being classified as an adult business under local zoning laws.

In Indianapolis, businesses are considered an adult store if 25 percent or more of its retail floor space, stock or weekly sales are from sexually oriented media, devices and other items.

Hustler Hollywood said it “analyzed its projected inventory, floor space and revenue, determining that it would easily operate below the threshold for triggering a designation of an adult entertainment business.”

After signing the 10-year lease, Hustler Hollywood it filed applications to remodel the store's interior and hang exterior signs at the location.

But the sign permit application was tossed on the grounds that it would require a variance, and the permit to remodel was axed because the city “needed confirmation of an approved use of the premises before granting such a permit,” the suit said.

Hustler Hollywood submitted and later re-submitted information about its projected inventory, floor space and revenue.

But the Metropolitan Board of Zoning Appeals eventually denied an appeal by a 5-0 vote at its Dec. 6 meeting, setting up grounds for a lawsuit.

Hustler Hollywood’s suit asks the court to declare the city’s zoning regulations, and its application in this case, to be in violation of the First and 14th amendments.

The suit also asks that the defendants be prohibited from enforcing the “adult” provisions of the zoning regulations against the store.

Hustler Hollywood is asking unspecified damages for lost profits, loss of goodwill, remodeling and maintenance costs and “deprivation of constitutional rights.”

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Eldorado to Host Bonus 'Virtual Elevation' Webinar With Nu Sensuelle

Eldorado Trading will host a second, "bonus" September "Virtual Elevation" live private webinar for retailers with Nu Sensuelle Director of Sales Conde Aumann on Sept. 24 at 10 a.m. PDT.

Magic Silk, Maia Partner for RC Panty Vibe

Magic Silk's Exposed line has partnered with Maia Novelties to release the Date Night Remote Control Panty Vibe.

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

Fort Troff Launches 'Toy' Blog Magazine

Fort Troff has debuted a new blog-style magazine, Toy, with real-life husbands Beau and Nick Butler as the premiere-issue cover models.

Honey's Place Now Distributing Xgen's 'Lapdance Lingerie' Line

Honey’s Place is now distributing Lapdance Lingerie, manufactured by Xgen Products.

Doc Johnson Unveils Bundles

Doc Johnson has introduced Bundles — groupings of the company's various product lines.

Zestra Arousal Oils Taps Zaawaadi for Brand Ambassador

Zestra Arousal Oils has named Kenyan star Zaawaadi its newest brand ambassador.

Magic Silk Debuts 'Evermore' Lingerie Collection

Magic Silk has introduced its new Evermore collection of lingerie from its Exposed line.

Show More