A state court judge has denied an injunction by the Village of Bradley seeking to close an adult store pending a full trial in which it alleges the shop is operating illegally.
The city had argued that the Slightly Sinful store constitutes an adult entertainment establishment and must then file for an adult entertainment establishment permit. Store owners say the shop sells some sex videos, but is primarily a romance store with body and health care products and novelty items and does not need a permit that is meant for strip clubs and other such establishments.
Judge Kendall Wentzelman of Illinois’ Kankakee County Circuit Court ruled that Bradley’s attorneys failed to prove that it was entitled to shut the store down on an emergency basis because the city, located about 80 miles south of Chicago, allows other stores to sell adult material.
Alan F. Smietanski, a lawyer who represents the city, was unavailable for comment.
“This is a thin veiled attempt at censorship,” said Orlando-based lawyer Lawrence G. Walters who along with Wayne Giampietro of Chicago, represents the store’s owners.
“Under the Village’s ordinance, any mom and pop video store that sells as little as one X-rated DVD would be considered ‘adult entertainment’ and forced to obtain a special permission from the Village to sell that material.
“Even a store like Border’s Books could be swept up in this overbroad definition – the likes of which I’ve never seen in my many years of challenging those laws.”
Walters pointed out that a number of businesses in the city sell adult videos and other adult materials but have been allowed to operate without an adult entertainment permit.
“It would be virtually impossible for the store to get an adult entertainment permit because the Village requires that it be located in a manufacturing or industrial zone and that it would need a special use permit. And that means they put you on a calendar for a hearing, they invite all the neighbors and they all complain how they don’t want that business there and then they deny (the permit) anyway.”
The case is schedule to begin trial on Oct. 23.
Slightly Sinful also operates a second store, located in Alsip, Ill.
