ROCKPORT, Ind. - A local adult bookstore that continued to operate after a judge reportedly ordered it to close might be in hot water, as Spencer County officials have moved to find the Love Boutique and Adult Plaza in contempt and impose a sizable fine on its owners.
During a contempt of court hearing on Monday in Spencer Circuit Court, County attorneys asked the judge to fine the adult bookstore owners at least $75,000 if he finds them in contempt of his March decision, according to a recent report by NBC affiliate, WRTV Indianapolis.
Judge Wayne Roell's initial move to have the bookstore closed stems from a local ordinance that prohibits adult businesses from operating near churches, schools and residential areas, as well as dedicating more than 35 percent of the business to adult content.
Attorney H. Louis Sirkin, who represents the Love Boutique and Adult Plaza, told AVN.com that Judge Roell only ordered the shop to cease operating as an adult business (i.e. containing over 35 percent of adult materials, under the current mandate). Sirkin explained that the Associated Press was mistaken when it reported that the store had been ordered closed.
"During the hearing, the judge had some strong words for both the prosecution and journalists who had claimed that he had ordered the shop be closed completely," said Sirkin. "We're now contending that the shop is not operating as an adult store at this point [under the county's definition]. The government is saying that eighty percent of the premises is adult-oriented, and we're contending that it's only fifteen percent."
Judge Roell will now decide the case, but Sirkin said they will appeal if the ruling goes against the Love Boutique and Adult Plaza.
According to the report, Spencer County passed the ordinance the week before the business opened in November of 2005.
Sirkin is also contending that the ordinance itself is unconstitutional, a case that is now in the early stages of the Court of Appeals. "If we're successful with that," said Sirkin, "the shop will be able to operate as an adult establishment."
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