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

Svakom Launches 'KooSync' App

Svakom has launched its new KooSync interactive platform and app.

Full Circle Expands 'Dream Doll' Line, Adds Functional Mouths

Full Circle has introduced eight new models with functional mouths from its Dream Doll collection.

Starship Opens New Store in Augusta, Ga.

Starship Adult Stores is opening its new brick-and-mortar location in Augusta.

Besharam's Raj Armani Featured on Front Page of Financial Express

Besharam and its co-founder and COO Raj Armani are featured on the front page and in an interview for the prominent Indian newspaper Financial Express.

Pleasure Chest to Close West Village Location

The Pleasure Chest has announced the closing of its West Village location in February 2026.

Svakom 'Sam Neo 2 Pro' Featured in Aftonbladet Review

Svakom's Sam Neo 2 Pro stroker is featured in a new review in Stockholm’s Aftonbladet newspaper.

Satisfyer Signs On as Sponsor of XBIZ Honors After-Party

Satisfyer has enlisted as the sponsor of the XBIZ Honors after-party, a capstone celebration to the Pleasure Industry’s Biggest Night™.

Arcom-Targeted Sites Implement Age Verification in France

Five high-traffic adult websites based outside of France have implemented age verification as required under the nation’s Security and Regulation of the Digital Space (SREN) law, after receiving warnings from French media regulator Arcom.

Lovense 'Spinel' Vibrator Featured in Wired Review

Lovense's Spinel mini sex machine is featured in a new review on Wired.com.

Creative Conceptions Now Shipping Skins Sexual Health 'Kegels'

Creative Conceptions is now shipping the new Skins Sexual Health kegel balls.

Show More