In fact, the adult store, which offers adult movies and magazines, sex toys and video viewing booths, now is asking a Broward judge to declare the Dania Beach zoning law — regulating where adult entertainment businesses can and can't operate — as a violation of the U.S. Constitution.
According to one of the store's attorneys, the law leaves almost nowhere in the city for the video shop to go, other than an industrial area near a rock pit.
Broward County Judge Leonard Feiner is scheduled to rule in January whether the store can be evicted for allegedly doing construction work not approved by the city. The city is fining the video store $450 a day for continuing to operate and Feiner has ordered the store to make deposits into an escrow account.
In 2001, the city commission passed an ordinance restricting adult businesses to areas zoned for "Industrial Research Office Marine" — areas where warehouses and furniture makers keep their businesses. A few areas of Dania Beach qualify, none on major roads.
The city began enforcement on the four remaining adult businesses in 2006. Three of the businesses closed down, leaving Your A to X Video Outlet remaining.
Your A to X Video Outlet attorney Jamie Benjamin, who has challenged other South Florida municipal ordinances restricting adult entertainment, said Your A to X Video Outlet isn't going to back down or go away.
"If there is only one left, why are they relocating it?" he asked.
