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

Sex Expo to Make Long-Awaited L.A. Return in January 2027

Sex Expo, the nation’s pioneering sexual wellness event, will make its long-awaited return Jan. 7-10, 2027.

Male Power Debuts 'WOW' Collection

Male Power has introduced its new WOW collection of men's underwear.

CalExotics Debuts New Vibrator Collection From 'California Dreaming' Line

CalExotics has introduced its Summer Lovin’ vibrator collection from its California Dreaming line.

Male Power Debuts 'Mesh 2.0' Collection

Male Power has introduced its new Mesh 2.0 collection of men's underwear.

Full Circle Debuts 'Big Juicy Booty' Collection From 'Savage Me' Line

Full Circle has introduced its Big Juicy Booty torso collection from its Savage Me line.

Orion Introduces 2 New Styles From Cottelli Lingerie

Orion Wholesale has debuted two new styles from its Cottelli Lingerie line.

Orion Expands 'Rebel' Line

Orion Wholesale introduced two new pleasure products from its Rebel collection.

Orion Debuts 2 Rabbit Vibes From Sweet Smile Line

Orion Wholesale has introduced two new rabbit vibrators from its Sweet Smile line.

Odin Debuts 'Naughty Fan' Collection

Odin Novelties has introduced its Naughty Fan collection.

Appeals Court Upholds Section 230 Immunity in XVideos Case

The U.S. Court of Appeals for the 9th Circuit has upheld a lower court’s ruling that Section 230 protects WebGroup Czech Republic from liability in a case involving user-uploaded CSAM on its tube sites.

Show More