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 © 2026 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

FSC Updates Complaint in Tennessee AV Case, AG Motions to Dismiss

The Free Speech Coalition this week filed an amended complaint in its lawsuit challenging the Protect Tennessee Minors Act as unconstitutional, in response to which the Tennessee attorney general motioned for dismissal of the case.

Better Life Science Launches 'Affiliate and Influencer' Initiative

CLIA-certified laboratory network Better Life Science has launched its affiliate and influencer program.

Nasstoys Names Meghan Beck Vice President of Sales and Operations

Nasstoys has appointed Meghan Beck as its new vice president of sales and operations.

Hankey's Toys Debuts Krave Melanin Silicone Lifecast Dildo

Mr. Hankey's Toys has introduced its newest silicone lifecast dildo, modeled on the anatomy of performer Krave Melanin.

Wisconsin AV Bill Moves Ahead, Minus Anti-VPN Provisions

The Wisconsin state Senate on Wednesday advanced a bill that would require adult websites to verify the ages of users, but approved an amendment striking proposed language that would have required sites to block virtual private network traffic.

Uncover Creations Launches Product Design Competition

U.K. pleasure brand Uncover Creations has launched its second Design a Grinder product design competition.

Hot Octopuss Debuts 'Jett Turbo' Male Stimulator

Pleasure brand Hot Octopuss has introduced its new Jett Turbo male frenulum stimulator.

Fleshlight, Hentaied Team Up to Launch Product Line

Fleshlight and Hentaied have partnered to launch the new Fleshlight x Hentaied collection.

Orion Debuts New Vibrator From 'Javida' Line

Orion Wholesale has introduced a new two-function vibrator from its Javida line.

GirlsDoPorn Defendants Ordered to Pay Victims $75.5 Million

A federal court has ordered former GirlsDoPorn owner Michael Pratt and his co-defendants in the GDP sex trafficking case to pay restitution totaling $75,568,283.47 to 106 victims.

Show More