All-Night Sex Shop Prohibited

If you want to buy an adult magazine or see a sex video at Pure Pleasure in Hallie, Wisc., better make sure you do it before 2 a.m. (or 3 a.m. on Friday or Saturday nights). A federal district court ruled recently that the store must close by then to comply with perfectly legal city laws regulating its hours of business. \n The store opened in March and the town passed an ordinance regulating business hours shortly thereafter. The ordinance requires adult establishments to close between 2 and 8 a.m. Monday through Friday, between 3 and 8 a.m. Saturday and between 3 a.m. and noon Sunday. \n DiMa Corporation, which owns Pure Pleasure, filed suit in April, contending that the law was passed because town officials did not like what the store sold and that the law violated First Amendment guarantees of free expression. \n Relying on past U.S. Supreme Court decisions, the town argued that the ordinance was not passed to restrict free expression but to protect residents against the harmful secondary effects, such as increased crime, that occur when an adult business is allowed to operate at all hours. \n Past Supreme Court decisions have allowed cities to limit the location of adult movie theaters and to ban nude dancing because of harmful secondary effects. \n That was all that was needed for federal district judge Barbara Crabb to come down on the side of Hallie officials. She said that, when it comes to passing such restrictions on adult businesses, the town had "an easy threshhold" to cross. \n An attorney for Pure Pleasure disagreed. Randall Tigue pointed out that, under the judge's ruling, a city doesn't even have to prove harmful effects have occurred. Indeed, Tigue said, he offered proof that there had been more crime at an all-night restaurant and an all-night convenience store than at Pure Pleasure. \n The city doesn't have to show there was crime, responded the city attorney. There only has to be the potential for crime, he said. \n A decision on whether to appeal the ruling has not been made.