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

Polish Government Proposes AV Mandate for Adult Sites

Poland’s Council of Ministers on Tuesday endorsed a proposed national law that would require sites and platforms to age-verify users to prevent minors from accessing adult content online.

Charlotte Sins, Aiden Ashley Front Latest Installment of 'The Yes List'

Charlotte Sins and Aiden Ashley star with Oliver Flynn in the latest installment of Adult Time series "The Yes List," titled "The Origin of the Throuple."

Sliquid Launches B2B Portal 'Sliquid HQ'

Sliquid has launched Sliquid HQ, the company's new B2B portal centralizing its distribution, educational, and marketing resources.

Brazil Launches Complaints Page for AV Violations, Other Issues

Brazil’s National Data Protection Authority (ANPD) on Monday debuted a portal where citizens can report possible violations of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

COTR Taps Dr. Alix Agar for Advisory Board

COTR has appointed Dr. Alix Agar to its medical and therapeutic advisory board.

CC Wellness Names Melody Cazarin Director of Strategic Accounts

JO parent company CC Wellness has appointed Melody Cazarin to the position of director of strategic accounts.

Texas Patti Leads Latest From Evil Angel

Texas Patti stars with multi-XMAs winner Mick Blue in the latest release from Evil Angel, directed by Blue and Maestro Claudio.

Lilly Bell, Lily Labeau Front Latest Release From TeamSkeet

XMAs winner Lilly Bell stars with Lily Labeau and Donnie Rock in the latest scene from TeamSkeet’s “Brat Tamer” series, titled “Band Brat Gets a Spanking.”

Raissa Bellini Makes Her MILFY Debut

Raissa Bellini has made her debut for Vixen Media Group studio imprint MILFY, alongside 2025 XMAs Male Performer of the Year Alex Jones.

Octavia Red Stars in Hentaied Pro's Latest Interactive Release

Reigning XMAs Girl/Girl Performer of the Year Octavia Red stars in Hentaied Pro’s latest all-girl interactive release, titled "Lady Seraphine."

Show More