Tenn. Supreme Court Rules Anti-Adult Law Unconstitutional

KNOXVILLE, Tenn. — Tennessee’s Supreme Court has struck down an ordinance designed to restrict adult-oriented businesses, saying it was overly broad and vague.

For Nashville-based Entertainment Resources, the owner of Fantasy Video, the adult retailer that challenged the law, the decision came a little late because the store had long since lost its lease and gone out of business.

But the case isn’t quite over just yet because the court said in its ruling that Entertainment Resources is “entitled to a determination of damages” including lost revenue and attorneys fees that could cost taxpayers hundreds of thousands of dollars to cover the city’s blunder.

When Fantasy Video opened in August 1998, its inventory was said to consist of 80 percent adult material and 20 percent general-interest videos.

Claiming that the ratio classified Fantasy Video as an adult business and, as such, was in violation of an ordinance, local police began inspecting the store and issuing citations on an almost daily basis.

In response, Entertainment Resources actively sought out guidance from city officials and implemented significant changes — including stocking 70 percent general interest videos — in an attempt to avoid the reach of the ordinance.

These efforts were ignored, and police continued to cite the store to the point of making the business unprofitable. Ultimately, the city won an injunction against the store, effectively shutting it down.

The move set off a seven-year legal battle that ended recently in the state’s Supreme Court, which ruled that since even city officials and police officers called to testify could not explain certain aspects of the law, it was unconstitutionally vague. What’s more, the court said, the city had failed to meet Fantasy Video halfway in its efforts to come into compliance with the law.

In the meantime, Fantasy Video had closed its doors and the city had replaced the ordinance with one that was more clearly worded.

“It’s been a long road of litigation,” Richard Gaines, attorney for Entertainment Resources, said. “It’s cost my clients a lot of money to fight this.”

Now, however, Entertainments Resources will have an opportunity to recoup some of that money. While the company has not yet filed a motion, Gaines said such an action is likely.

The city, meanwhile, may attempt to petition the case to the U.S. Supreme Court, but that scenario is less likely, given the small number of cases the court hears each year.

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

Raissa Bellini Makes Her Blacked Raw Debut

Raissa Bellini has made her debut for Vixen Media Group studio imprint Blacked Raw, alongside Hollywood Cash and Isiah Maxwell.

Ravyn Alexa Makes Her Digital Playground Debut

Ravyn Alexa has made her Digital Playground debut alongside Millie Morgan and multi-XMAs winner Zac Wild in “They Put the HO in Neighborhood.”

Skylar Snow Fronts Latest From New Sensations

Skylar Snow stars with Mighty Dee in the latest release from New Sensations.

Summer Kline Stars in Latest From Bellesa House

Summer Kline stars with Damion Dayski in the latest scene from Bellesa House.

Kheper, Warm Human Launch New 'Gift Bags'

Kheper Games has partnered with Warm Human to launch seven new naughty and irreverent-themed gift bags.

Rachael Cavalli Leads Latest From Devil's Film

Rachael Cavalli stars with Axel Haze in the latest installment of Devil's Film series "Sugar and Creampies."

Cubbi Thompson on Turning the Page From Creator to Performer

Cubbi Thompson's signature two-tone coiffure is nearly as recognizable as the performer herself. What some might not know, however, is that the look traces back to an unlikely inspiration: eccentric Harry Potter villain Bellatrix Lestrange.

Dutch Police Raid Servers Hosting 'Motherless' Website

A Dutch National Police Corps cybercrime team on Tuesday conducted raids on hosting companies in three cities, seizing servers owned or used by controversial adult website Motherless, as part of an investigation into possible illegal content.

Serenity Cox Performs Her 1st DP in 'Equilibrium' From Deeper

Multi-XMAs winner Serenity Cox performs her first DP alongside Seth Gamble and Vince Karter in the second installment of Vixen Media Group studio imprint Deeper’s Fantasy Feature “Equilibrium.”

Ophelia Fae Is Hustler's 'Cover Honey' for August

Ophelia Fae is the Cover Honey for the August issue of Hustler Magazine and appears in a 14-page centerfold spread shot by Ellen Stagg.

Show More