The regulation was proposed to eliminate a loophole that appeared to permit adult stores everywhere but in a new housing development. Reportedly, the loophole was created when a rule was passed banning adult stores in the development without extending it to the rest of the community.
The new rules would “prohibit the use of any lands for the purpose of sale or rental of adult entertainment products” but a public hearing must be held before the new rules can take effect. Existing stores would be allowed to stay in business as “legally non-conforming.”
There are currently five stores that sell or rent X-rated videos in Delta, and three other adult stores that sell adult toys, magazines, lingerie and other products.
One council member, a lawyer, warned the ban leaves the municipality open to a Charter of Rights lawsuit and was the only one to vote against it. He said that people can dial up hardcore porn on the Internet or watch it through their local cable provider so going after local stores makes little sense.
“We’re tilting at windmills here and I think we have better things to do,” he said.
Another council member, who favored the new rules, convinced the rest of council to include the production of adult videos in the ban.
“If we’re going to be prudes, we might as well cover the bases,” she said.
The regulations were drafted shortly after an adults-only video store leased premises in Delta. The store hasn’t opened yet.
