It doesn't matter that Sunshyne Video 2, the second store opened in eastern Tennessee by entrepreneur David Anderson, has less than 50% of its stock devoted to adult material; the state's Adult-Oriented Establishment Board (AOEB) wants him closed anyway, and on Wednesday, county officials served the papers to do so.
"Since day one, I have asked what I've had to do to be in compliance and not be labeled an adult store," said Anderson. "I was hoping I wouldn't have to go this route, but I have no choice to protect my interests."
What Anderson means by "this route" is that he intends to file suit against state and local officials to have his store stricken from the list of businesses requiring a permit from the AOEB because his merchandise doesn't meet the law's criteria as an "adult bookstore."
Tennessee Code 7-51-1102(1) defines "adult bookstore" as "a business which offers, as its principal or predominate stock or trade, sexually oriented material, devices, or paraphernalia or specified sexual activities, or any combination or form thereof, whether printed, filmed, recorded or live and which restricts or purports to restrict admission to adults or to any class of adults."
Local law enforcement officials have apparently taken the fact that Anderson restricts entrance to his store to adults to mean that the store falls under the "adult bookstore" definition, but the implication is that if Anderson carried just one explicit DVD or magazine, his store would then meet that criterion. And that dispute doesn't touch on the question of whether the adult portion of Sunshyne's stock is its "principal or predominate stock or trade," a description similar to other states' legislative "definitions" that courts across the country have thrown out as vague and unworkable.
However, on Wednesday, Anderson was served with a court order to close Sunshyne Video 2, located at 3531 U.S. 411 South in Blount County, pending the outcome of a court hearing scheduled for March 16.
Anderson had appealed to the Free Speech Coalition for aid, and Executive Director Michelle L. Freridge gave him the names of several experienced First Amendment attorneys, one of whom has offered to consult with whatever local counsel Anderson obtains. Trouble is, Anderson is strapped for cash, and is soliciting donations for his case through his Website, sunshynevideo.com. Contributions may also be sent to the Free Speech Coalition, which will forward them to Anderson. For further information on making a donation through FSC, call 818.348.9373.
Contributions to Anderson’s defense fund can also be directed to the Law Offices of John Hervison (615.297.5900).
