HAGERSTOWN, Md. – A Washington County Circuit Court Judge has upheld an earlier decision by the zoning board which found an adult video store operating in violation of city zoning laws. Howard J. Schulman, the attorney for The Video Store in Hagerstown, told the Hagerstown Morning Herald that they would appeal the judge’s decision within the next 30 days.
At the time The Video Store opened its doors, it was acceptable for it to operate at its current location, within a commercial zone. The designated areas for adult-oriented businesses changed in 2005, and The Video Store found itself outside the legal zone.
The zoning board suggested that the store move to another location, but The Video Store maintained that a majority of the legal districts contained too many restrictions, such as churches and schools. According to the Morning Herald, the city's zoning ordinance prohibits adult businesses from operating within 1,000 feet of churches, schools, hospitals, nursing homes, parks and multi-family dwellings.
The Video Store brought in an expert to examine the restrictions, who found that only eight of the 40 locations that the city board suggested for relocation were legal.
Until the recent court decisions, the city board and The Video Store were locked in a standoff; one group maintaining that there were sufficient opportunities to relocate and the other alleging that the city was infringing on its Constitutional rights by not providing enough proper locations and then reducing the business' hours of operation.
Schulman told the Morning Herald that the store will remain steadfast and refuses to move.
