BRYAN, Texas - Cindie's Boutique will remain open and continue selling explicit DVDs and sexual devices, following Wednesday's ruling by the city's Zoning Board of Adjustments.
The board ruled that staff members hadn't proved their case that the explicit items were a "substantial portion" of the boutique's inventory.
The lingerie store, located in North Park Plaza, was said to have violated the city's zoning ordinance because a "substantial portion of its stock" included materials that meet the criteria of an adult shop.
"Part of the problem is that the ordinance states very specifically that a 'substantial portion of the stock and trade' has to be DVDs, magazines, and devices [of a sexual nature]," said Lauren Serper, an attorney for Cindie's Boutique. "I don't think anyone would quibble that 'substantial' means a lot, but we don't think it's an adult business. It's a retail establishment."
