JONESBORO, Ark. — A franchise of Adam & Eve is suing the mayor of Jonesboro, Ark., after the city denied a certificate the business needed to open its doors.
According to a federal lawsuit filed two weeks ago, Adam & Eve Jonesboro LLC sought and was denied a conditional-use permit and certificate of occupancy.
In an email from the city, the Jonesboro franchise was told that it would not meet distance requirements for state law and city ordinances.
The building Adam & Eve planned to use is close to a church.
The lawsuit, naming Mayor Harold Perrin as the defendant, claims the statutes defining an adult bookstore or video store are too vague.
According to the lawsuit, the city stated that some of the items Adam & Eve planned to sell would cause it to fall into that classification.
The suit claims the "statute is an unconstitutional prior restraint on protected speech, is unconstitutionally vague and overboard, is not narrowly tailored to serve a substantial government interest, is arbitrarily and capriciously enforced by the defendants, and violates [Adam & Eve Jonesboro LLC’s] right to equal protection."
Adam & Eve Jonesboro LLC is seeking a temporary restraining order and a preliminary injunctive relief. The operator also wants a judge to declare the state statute unconstitutional or rule that Adam & Eve will not operate as an adult bookstore and is not subject to the statute.