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

Brazil Invites Public Input on AV Guidelines

Brazil’s National Data Protection Authority (ANPD) on Friday launched a public consultation on developing guidelines for age verification mechanisms under the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

WSST Partners With OEJ to Launch 'Cristal Collection'

We Sell Sex Toys (WSST) has partnered with Our Erotic Journey (OEJ), adding the Cristal Collection to its curated catalog of pleasure products.

E-Stim Introduces 'The Slider' System

E-Stim Systems has introduced The Slider insertable electrode system.

Orion Expands 'Bad Kitty' Line

Orion Wholesale has added two new chain collars to its Bad Kitty collection of fetish accessories.

Eldorado Releases 2026 Lingerie Catalog

Eldorado Trading Co. has released its 2026 Lingerie Catalog.

Pipedream Names Sunny Winkleman Account Executive

Pipedream Products has appointed Sunny Winkleman as its new account executive.

Nexus Expands 'Ascend' Line

Nexus has expanded its Ascend collection with the new Extreme thrusting and rotating massager.

Blush Expands 'Performance' Line With 3 New Penis Extender Sleeves

Blush has expanded its Performance collection with three new extender sleeves.

Nexus Expands 'Bendz' Collection

Nexus has introduced a collection of anal plugs from its Bendz line.

Senator Urges DOJ to Crack Down on 'Obscenity,' Attacks OnlyFans

U.S. Senator Jim Banks of Indiana this week urged Acting Attorney General Todd Blanche to reestablish the Department of Justice’s defunct Obscenity Prosecution Task Force in a letter that targets OnlyFans while repeatedly conflating “obscenity” with legal adult content.

Show More