Home > News > XMart Owner Files Suit Against Sheriff’s Office • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

XMart Owner Files Suit Against Sheriff’s Office

XMart Owner Files Suit Against Sheriff’s Office
Get XBIZ News
XBIZ Research
Will virtual reality boost the paysite market?
Yes, it will soon
  39.66%
Yes, but in a few years
  36.87%
No
  23.46%
Out of 179 votes. Results based on votes submitted by members of XBIZ.net social network.
Apr 4, 2006 10:30 AM PDT    Text size: 
OCALA, Fla. — 75 Retail Enterprises Inc. made good on its promise to take action against the sheriff who led a raid on its Wildwood, Fla., XMart Adult Supercenter.

The company filed suit in U.S. District Court against Sumter County Sheriff William Farmer, claiming that he unconstitutionally seized 22,000 videos from the store in violation of the 1st, 4th and 14th Amendments.

Farmer took the videos claiming that the store failed to properly display the ratings on the movie packages. The sheriff’s office also said it would petition the court seeking approval to destroy the movies as contraband.

In its complaint, XMart asserts that it is a duly authorized corporation properly registered to sell adult materials, its products are not obscene, it displays signage advising patrons about the nature of its products and it does not allow customers under 18 into the store.

In other words, the lawsuit says, the store was operating within its legal rights and abiding by all applicable laws, and it should not have been raided.

The raid itself also violated the law, the suit goes on to assert, because it was massive in nature, Sheriff’s agents seized multiple copies of the same titles rather than representative copies and, most importantly, agents made no attempt to remove security jackets on DVDs, meaning there was no way they could tell whether the DVDs had been properly labeled.

According to the suit, the videos have a wholesale value of roughly $200,000, while the security jackets are worth $40,000. Seizing and failing to return the videos, it says, is prior restraint against legal free speech.

The suit further alleges that Farmer was personally motivated in his decision to raid the store, calling out a quote in which Farmer said he felt the store “violated the sanctity of my community.”

It is the second lawsuit 75 Retail Enterprises has brought against the Sumter County Sheriff’s Office. The first, which is ongoing, revolves around the arrest and conviction of XMart owner Evgueni Souliaguine on obscenity charges, for which he is serving a 364-day sentence — the longest allowed for a misdemeanor in Florida.

That suit alleges that the Sheriff’s Office, in violation of Souliaguine’s constitutional rights, used state obscenity laws as a pretext for harassing XMart out of business.

Central to the plaintiff’s claims is that none of the videos sold at the store has ever been deemed obscene by a court. Souliaguine’s conviction is currently on appeal.

Lawyers for 75 Retail Enterprises want all of the seized movies to be returned and for the Sheriff’s Office to pay punitive damages.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

PROFILES & BIOS

NMG’s Megan Stokes Helps Brands Find New Revenue

NMG Management, which helps adult companies find new ways to increase revenue and brand exposure, has some of the industry’s most prominent studios listed as clients. From MetArt to Holly Randall... More »

Cam World: Chaturbate’s Ramona Flour Cultivates Community

Wreathed in a scarlet mane of silky flames, Ramona Flour is a mesmerizing Renaissance woman, her painterly figure gorgeously inked and her savvy intellect sharpened to a witty edge. Artistry pours forth... More »

Cam World: TheaForYou Hypnotizes Audiences on Stripchat

TheaForYou is an exotic mirage of heavenly dreams, dancing through streaming lights whenever she graces the web-cam on Stripchat. Shimmering golden hair crowns her adorable eyes like solar rays spun from... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.

UPCOMING EVENTS

XBIZ.net Paysite Meetup

May 04 - May 04
Prague, Czech Republic

Eurowebtainment 2017

May 17 - May 20
Majorca, Spain

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!