MIDVALE, Utah – A court battle that ensued after police raided a novelty shop here has resulted in a less-than-favorable ruling for the retailer.
Doctor John's Lingerie and Novelty Boutique was raided by police officers bearing a search warrant who sought to take possession of "sexually oriented" items. While law enforcement removed only a few items, they did warn management to cease selling "adult" products.
The point of contention is a law that requires businesses to apply for a special permit to sell sex-related products. However, the attorney representing Doctor John's maintains that the distinctions that would require a store to obtain the special permit are unclear. After operating under a general business license after a 2001 tussle, the retailer allegedly recently reintroduced films the city declared "pornographic" as well as sexual devices.
Attorney Andrew McCullough, who's been retained by the store, told the court during a hearing, "We're trying to find the line. All that we're desperately asking you to do is define the line."
However, Third District Judge Denise Lindbergh refused to state such a definition and rejected McCullough's claim that Doctor John's was trying to resolve the question.
"You need to give the city the opportunity to take action or clarify its position and then to follow an orderly process of appeal if that is not a decision that is to the liking of Doctor John's," she said during the hearing. "It's not my role to determine what those requirements are but rather to review the city's interpretation of that ordinance."
Lindbergh declared Doctor John's to be in violation of the 2001 ruling and awarded court and attorney fees to the city of Midvale.
Midvale's city lawyer says city ordinances clearly state that the sale of sexually oriented can't be the primary purpose of an establishment that doesn't have a special license. However, McCullough is prepared to appeal and told a reporter that he believes he'll find more success in the appellate courts.
In the meantime, McCullough and Doctor John's are fighting a ruling in nearby Weber County, where a Doctor John's franchise was ordered to restrict its hours and obtain licenses for its employees.
Source: Deseret News
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