A federal appeals court decision is threatening to shut down a Mom N Pops business. Literally. The court refused to overturn a lower court ruling. That could force Mom N Pops to shut down or relocate its adult video and products and business to some other part of Charlotte, N.C. \n The business used to be called South Blvd. Video and News. In April 1997, Mom N Pops subleased the building from South Blvd. and bought the whole stock of sexually explicit materials. The following month, a lawyer for Mom N Pops went to the tax collectors' office for a business license. And that's when the problem started. \n The city had been trying to figure out a way to get rid of South Blvd. because it was within 1,500 feet of a school or residential area, which is against city zoning laws. Before a new business license can be issued, the city zoning officer must certify that the business complies with city zoning laws. \n The city zoning officer asked Mom N Pops for more information about its business. Rather than provide the information, the store filed suit in federal court, arguing that the zoning restrictions violated the First Amendment. In August, a federal district court judge ruled in favor of the city and denied Mom N Pops a preliminary injunction to stop the law from being enforced. In the latest ruling in Mom N Pops, Inc. v. City of Charlotte, a three-judge panel of the 4th U.S. Circuit Court of Appeals agreed with the earlier decision. \n The appeals court said the zoning law was similar to a Renton, Wash. ordinance, which the U.S. Supreme Court upheld in 1985. It said it was reasonable to keep adult establishments at least 1,500 feet from schools and residential areas. \n Mom N Pops also said the law was unconstitutional because it gave too much discretion to the zoning officer to decide what is an adult establishment. The court rejected this argument, too. It said the zoning officer has no discretion and has to follow predetermined standards. \n A lawyer for Mom N Pops said the decision was inconsistent and that it didn't take into account that the zoning officer is free to take as long as he wants to decide on the permit. He said the lawsuit was still in its early phases and that a decision has not yet been made on whether to ask the full Court of Appeals to reconsider.
All models were at least 18 years old at the time of their performance. 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement.
