HOOVER, Ala. - The newly renamed Kalli's Presents Love Stuff retail store, formerly known as Nancy's Nook: Love Stuff, won its battle against the city's attorneys in a weeklong trial held in October 2007.
The city of Hoover claimed the store was in violation of an Alabama law that makes it illegal for "adult-only" businesses to sell sex toys or sexually explicit DVDs or magazines within 1,000 feet of residences, churches, day-care centers, playgrounds or "any other place frequented by minors."
Amy Herring, the attorney for Kalli's, single-handedly took on the city's attorneys to claim a "clear victory" over the state, according to store owner Ross Winner.
"At one point, Amy was battling four attorneys, and she did a fantastic job," Winner told AVN Novelty Business. "She is well versed on the law, and based upon her knowledge and experience, she had a clear win. We abided by the law that they had written, and they had difficulty accepting that we were not classified as an adult entity."
Winner said the city's attorneys were surprised by the fact that the judge visited the store.
"The city tried to include shoes, lingerie and hardback books as adult merchandise, and they are clearly not," he added. "Of our 7,300-square-foot store, only 1,000 square feet are actually ‘novelty space,' making it a 1-to-7 ratio. They tried to hammer us on hardback books and even included some written by Anne Rice as adult. All ‘18 and over' books are shrink-wrapped, as well."
"The judge denied the state's claim that we were running a public nuisance," Herring told ANB. "He found in the affirmative that we are conducting our business appropriately with our sign warning customers about the state law and when they make a purchase they have to sign the receipt confirming that the items are purchased for medical purposes."
After denying the city attorneys' claim, Herring said, the judge also denied the store's request for part of the state's anti-obscenity law to be declared unconstitutional. Herring has appealed the judge's decision.
"We're happy over our win, but we haven't given up yet," Herring said. "I believe we have a reasonable case to declare the law unconstitutional, but it is going to be a while before anything takes place in the courts for that appeal. In the meantime, they ordered the city to issue us a sign to meet the local code requirements (such as size restrictions). When we reapplied for the sign permit after the order came out, we decided to change the name of the store, as well."
Winner said the decision was made to further distance the store from the stigma of being an adult-oriented business.
"There is another company here locally called Nasty's Nook," he said. "But they have jerk-off booths and we didn't want Nancy's Nook being confused as Nasty's Nook anymore. We have a classy establishment with chandeliers and water fountains, not video booths."
