Arkansas AG Seeks to Intervene in Adam & Eve's Suit Against City

Arkansas AG Seeks to Intervene in Adam & Eve's Suit Against City

JONESBORO, Ark. — Arkansas Attorney General Leslie Rutledge has asked to intervene in a federal lawsuit filed by a franchise operator of Adam & Eve that is suing the mayor of Jonesboro, Ark., after the city denied permits the business needed to open its doors.

Rutledge last week filed a motion to intervene to defend Arkansas’ statute, §14-1-302, which defines adult bookstores and video stores, and join the suit.

Last year, Adam & Eve Jonesboro LLC sought and was denied a conditional-use permit and certificate of occupancy after it planned to operate its business close to a church on South Caraway Road in Jonesboro.

Adam & Eve, in its suit naming Mayor Harold Perrin as principal defendant, claims that terms of the Jonesboro statute are “largely undefined, unconstitutionally vague and overbroad, and are arbitrarily enforced” and has asked U.S. District Judge D. Price Marshall to either declare the statute unconstitutional or determine that the statute doesn’t apply to its business.

According to the lawsuit, the city stated that some of the items Adam & Eve planned to sell would cause it to fall into the adult bookstores and video stores classification.

The suit claims the "statute is an unconstitutional prior restraint on protected speech, is unconstitutionally vague and overboard, is not narrowly tailored to serve a substantial government interest, is arbitrarily and capriciously enforced by the defendants, and violates [Adam & Eve Jonesboro LLC’s] right to equal protection."

The complaint, filed in February, described the Adam & Eve store as one that will “sell a combination of lingerie, adult apparel, costumes, bachelorette supplies, novelties, games and massage oils and personal lubricants, and that is intended to sell a combination of adult and nonadult products for off-premises use and consumption.”

The suit points out that the business “does not operate, and is not intended to operate, booths, stalls, or partitioned portions of a room or individual rooms for the on-premises viewing of movies or other entertainment with adult content.” The store also won’t feature live entertainment or dancing, the suit said.

Although the city of Jonesboro issued a privilege license allowing Adam & Eve to do business within the municipality’s boundaries, it contends the proposed location requires the owners to apply for and receive a conditional-use permit as well.

The city of Jonesboro contends that the proposed site is near a church, putting it in violation of state law, which sets a 1,000-foot restriction from designated places, such as residential use areas and schools, and a city ordinance that increases the distance to 2,000 feet.

With the motion to intervene, Rutledge filed answers to Adam & Eve Jonesboro LLC complaint against the mayor. It has asked the court to dismiss the complaint.

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

XBIZ Honors Retail Edition to Light Up Hollywood Roosevelt Hotel

XBIZ is pleased to announce that the pleasure industry’s biggest night, the retail edition of the annual XBIZ Honors, set for Saturday, Jan. 18, will be held at the historic Hollywood Roosevelt Hotel.

Pipedream Expands 'Anal Fantasy Elite' Collection

Pipedream Products has expanded its Anal Fantasy Elite collection with two new stimulators.

Orion Expands 'Couples Choice' Line With New '2 in 1' Vibe

Orion Wholesale has added the 2 in 1 Vibrator + Butt Plug to its Couples Choice collection of pleasure products.

Lovense Unveils 'Mission 2' Long Distance Vibe

Lovense has introduced the new Mission 2 vibrating suction cup dildo to its long-distance collection.

Male Power Debuts 'Pack & Play' Collection

Male Power has introduced its new Pack & Play collection of men's underwear.

Orion Debuts New Styles From Cottelli Lingerie

Orion Wholesale is now shipping new styles from its Cottelli Curves plus-size lingerie line.

Sportsheets Unveils Rebranded 'Edge' Line, 9 New Products

Sportsheets has debuted its reimagined Edge line featuring nine new products.

Our Erotic Journey's James Guo Profiled on Wired.com

James Guo, founder of pleasure brand Our Erotic Journey (OEJ), is profiled in a new feature on Wired.com titled "The Toymaker Who Wants to Be the Next Willy Wonka of Sex Tech."

Williams Trading Unveils 'Christmas Giftables' Catalog

Williams Trading Co. has released this year's edition of its "Christmas Giftables" digital catalog.

Magic Silk Debuts 'Leather + Lace' Collection

Magic Silk has introduced its new Leather + Lace lingerie collection.

Show More