Adult retailer Raymond Bohannon of 21 Up Movies and More has filed a countersuit against the city of Murfreesboro, claiming that the city has violated his constitutional right of free expression.
Bohannon's shop, which opened last September, sells adult videos, lingerie, bath and body products and novelty items. The city sued Bohannon in February for operating unlawfully under its adult zoning ordinance.
According to the Murfreesboro Post, Bohannon's attorneys Philip Elbert and David Bridgers contend the city's definition of "adults-only bookstore" contained in its zoning ordinance is "unconstitutional and unenforceable." The city passed its amended ordinance a week after the store opened, and Bohannon believes he should be grandfathered in under the previous law.
Murfreesboro's attempt to more clearly define an adults-only bookstore in an amended ordinance passed Sept. 28 was under-researched, Bohannon's lawsuit stated, and doesn't show that its definition of an "adult-oriented business" has any negative secondary side effects.
In the amended ordinance, adult-oriented businesses are defined in Murfreesboro as those carrying "more than 20 percent of the floor area or more than 20 percent of the inventory by either units or value or more than 20 percent of revenues or a total inventory of more than 200 units of" magazines, films or books with sexually explicit material.
The city alleged in its lawsuit that Bohannon was violating the law by operating an adult store in a commercial district and without a proper license.
According to the Post report, Bohannon claims he was advised that a sign permit had been applied for and approved before 21 Up's sign was installed. The city of Murfreesboro stated otherwise.
Bohannon is seeking reparations for monetary damages, attorney's fees and other costs.
In 1998, Bohannon and his brother — both principals in Nashville-based Entertainment Resources LLC — filed suit against the city of Nashville after being forced to close the doors of their adult shop, Fantasy Video. The brothers won that suit in 2005, when the Tennessee Supreme Court ruled the city of Knoxville's definition of "adults-only bookstore was unconstitutionally vague."
Bohannon hopes to win the current suit based on his victory in Nashville.
