Ill. Mayor Vetoes Adult Store Ban Against Town Wishes

FAIRVIEW HEIGHTS, Ill. — The mayor vetoed a law passed two weeks ago that would ban adult businesses from the city, despite opposition from town officials.

The law, which initially was named unconstitutional by City Attorney Al Paulson, was passed Sept. 4 by an 8-1 vote. Mayor Gail Mitchell later vetoed the law on grounds of constitutionality.

"I was elected to uphold the Constitution of the U.S.," Mitchell said. "That's what I'm doing."

However, regardless of constitutional protection, it is possible for the city council to override Mitchell's veto with a two-thirds majority vote.

"[Mitchell] is obviously well-informed by the city attorney that it is unconstitutional to absolutely ban any type of adult entertainment or adult bookstore," adult industry attorney Robert Apgood told XBIZ. "All that any municipality or governmental entity can do is regulate the time, place and manner of allowing it to be offered to the public."

Despite legal advising, many city officials still believe they have the right to ban adult stores in the area.

"There are other cities where they have done it," Alderwoman Pat Baeske said. "We just haven't kept [adult stores] out."

Apgood said the U.S. Supreme Court has ruled that an absolute ban on protected speech is unconstitutional, and that Baeake simply is wrong.

Mitchell said he does not yet know what he will do if the council overrules his veto, and that he will wait to deal with it should the situation arise.

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

BasisDx Adds Comfort Collect Device to 'Pro13' Home Testing Kit

PASS-certified home testing kit manufacturer BasisDx has added the new Comfort Collecting Device to its Pro13 kit.

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.

Show More