Ill. Mayor Vetoes Adult Store Ban Against Town Wishes

FAIRVIEW HEIGHTS, Ill. — The mayor vetoed a law passed two weeks ago that would ban adult businesses from the city, despite opposition from town officials.

The law, which initially was named unconstitutional by City Attorney Al Paulson, was passed Sept. 4 by an 8-1 vote. Mayor Gail Mitchell later vetoed the law on grounds of constitutionality.

"I was elected to uphold the Constitution of the U.S.," Mitchell said. "That's what I'm doing."

However, regardless of constitutional protection, it is possible for the city council to override Mitchell's veto with a two-thirds majority vote.

"[Mitchell] is obviously well-informed by the city attorney that it is unconstitutional to absolutely ban any type of adult entertainment or adult bookstore," adult industry attorney Robert Apgood told XBIZ. "All that any municipality or governmental entity can do is regulate the time, place and manner of allowing it to be offered to the public."

Despite legal advising, many city officials still believe they have the right to ban adult stores in the area.

"There are other cities where they have done it," Alderwoman Pat Baeske said. "We just haven't kept [adult stores] out."

Apgood said the U.S. Supreme Court has ruled that an absolute ban on protected speech is unconstitutional, and that Baeake simply is wrong.

Mitchell said he does not yet know what he will do if the council overrules his veto, and that he will wait to deal with it should the situation arise.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

Seoul authorities repeatedly prevented 2024 KXF The Fashion — a popular Korean adult industry expo featuring Japanese AV performers — scheduled for this week from finding a suitable venue, leading organizers to cancel the event.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with Joe Cohn, a strong advocate for the adult industry’s rights who is running for Congress in November.

Wicked Sensual Care Launches 'Menopause Hub'

Wicked Sensual Care (WSC) has launched its new Menopause Hub, dedicated to sex and intimacy during perimenopause, menopause and after.

Eldorado Partners With Pipedream for Next Facebook Live Event

Eldorado and Pipedream are partnering for the next edition of the "Eldorado Presents" Facebook Live series on Tuesday, April 23 at 10 a.m. (PDT).

Adam & Eve Reveals Results of Sex Toy Survey

Adam & Eve has released the results of a new survey asking the question, “How many Americans own a sex toy?”

'Aneros Is...' Global Marketing Campaign Launches

Aneros is rolling out the three-month-long global marketing campaign “Aneros Is..." to highlight the brand's history and role in the sexual wellness industry.

Democratic Governor Fails to Veto Kansas Age Verification Bill

Kansas’ Democratic governor, Laura Kelly, expressed strong reservations about the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, but ultimately decided not to veto it, allowing the legislation to become law by default without her signature.

FSC's Alison Boden Testifies Against California Age Verification Bill, Urges Action to Defeat It

Free Speech Coalition Executive Director Alison Boden testified Tuesday against AB 3080, California’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Screaming O Debuts Rechargeable Bullets

Screaming O has introduced a new collection of rechargeable bullet vibrators.

Magic Silk Releases 'Daisy' Line

Magic Silk has introduced its new Daisy line of lingerie from its Exposed collection.

Show More