In homeopathic medicine, the theory is that the more a substance is diluted (in a certain way), the more potent it becomes. Lexington, Kentucky has apparently applied that formula to adult, since its zoning ordinance specifies that even a single adult item being sold by a store lands that business under the city’s adult zoning restrictions.
Lexington’s newly-opened Hustler Hollywood store will be testing (and contesting) that theory in a federal lawsuit filed on July 23, which seeks to overturn the city’s adult zoning ordinance, so that Hustler can continue selling adult materials, which make up less than half of the store’s stock, as it has been doing since Monday.
“Hustler operates its stores so that they are not adult stores within the usual and typical definition that you find of ‘adult store’,” explained Paul Cambria, the prominent First Amendment attorney who is representing store owner Jimmy Flynt in the case. “For instance, in Los Angeles, it’s 49/51 percent; Ft. Lauderdale, 49/51 percent; San Diego, 15 percent; that kind of thing. Lexington has an unrealistically unconstitutional statute that says one adult item makes you an adult store, and that makes every bookstore, every gas station, every place else that sells Penthouse, for example, fall into that.”
| "Secondary effects aren?t generated by one magazine." -- Cambria |
When the Lexington Hustler Hollywood opened, the items on its shelves included T-shirts, novelty items, leather whips and condoms, plus it contained a coffee shop where shoppers could rest and refresh.
Prior to opening, the city inspectors' only objection was a glass counter that displayed several topless ceramic figurines in various poses, but store owner Jimmy Flynt placed tiny white and red Hustler ribbons over the breasts, and an occupancy permit was issued. Now, however, those dolls are showing the goods.
In the past week, shelves that originally housed Hustler ashtrays, candles, shot glasses and other knick-knacks have been replaced by rows of dildos and vibrators with names like "Skinny Mini" and "Three-speed Sapphire Thong." Also present is a rack with adult magazines, but ironically, the UPS truck carrying Hustler DVDs arrived late, so the first sexually explicit items for sale were not Hustler productions.
City building inspectors have given Flynt until Thursday to remove sexually oriented adult material from its shelves.
“What we did was, we got a license to operate as a retail store, clothing and all the rest of it, and they were doing a fairly brisk business, and then moved in racks of adult material, filed the lawsuit and unveiled the racks, and challenged this statute that’s preventing us from selling the material,” Cambria summarized. “The city gave us a notice of zoning violation. We basically had already filed our federal lawsuit, and this Friday [July 30], we’ll be asking the judge for a restraining order, and we hope that’s granted. We feel it should be granted, and if it’s not granted, that’ll be something that we would immediately appeal.”
Although there are few adult venues in Lexington, the statute doesn’t try to prohibit them, but the restrictions on adult businesses are severe. For one thing, the ordinance prohibits adult bookstores, video stores, cabarets and adult dancing and entertainment establishments at interstate highway exchanges. The Hustler Hollywood store sits near an interchange off Interstate 75.
The store was not even opened when it sparked its first controversy. Last fall, anti-porn activist Pamela D. Honchell created A Better Lexington, a group dedicated to fighting pornography in Lexington, and a Web site, www.abetterlexington.org. In April of this year, Honchell’s group complained to the local building commissioner that the Hustler store, when opened, would violate Sec. 11-2(h) of the zoning code, which allows for only one gift shop per interstate interchange, and that the nearby Cracker Barrel restaurant already had one there. The group, however, has not held a meeting since April 8.
Hustler currently has stores in seven U.S. cities: Cincinnati and Monroe, Ohio; Fort Lauderdale, Fla.; and San Diego and Hollywood, Calif.
As the Lexington Herald-Leader noted, outside the area with the adult material is a small sign featuring a provocatively dressed woman clutching a stop sign. The sign reads: "You must be at least 18-years-old to enter. Don't worry if you're not... Hustler video will be here when you are."
