Federal Suit Could Rewrite SOB Laws in S.D.

RAPID CITY, S.D. — A lawsuit pitting Dick and Jane's boutique and the city of Sturgis, S.D., will head to federal court in March, and the litigation could rewrite state laws for sexually oriented businesses.

Dick and Jane's is suing the city after it refused to give him a business permit this past summer to house the sexually oriented business in a former auto dealership.

Sturgis denied Dick and Jane's' occupancy permit because the location does not comply with municipal regulations governing sexually oriented businesses, which forbid them to be a distance of a quarter mile away from homes, schools, churches, or places where children and the public are likely to be such as parks and recreational facilities.

Dick and Jane's also contend that Meade County, the county in which Sturgis is located, contains purely discretionary licensing for adult businesses and that any potential sites in Meade County therefore don't satisfy First Amendment standards.

The retailer, in the suit, noted nearby counties of Pennington and Lawrence also have no acceptable sites within the law.

"The city of Sturgis has admitted that there are no locations within its municipal boundaries that meet the distance requirements so as to permit the establishment of an adult business within the municipal boundaries," Dick and Jane's said in a motion to the court.

"Neither Sturgis nor the state have made any good faith attempt to identify reasonably available sites. Hence, they have failed their burden, and [Dick and Jane's] would otherwise be entitled to judgment on this factual issue as a matter of law."

In August, U.S. District Judge Jeffrey Viken denied Dick and Jane’s request for an emergency temporary restraining order or preliminary injunction against Sturgis that would have allowed the business to open.

In the TRO denial, Viken said the plaintiff’s attorney failed to notify the South Dakota Attorney General’s office that a federal court action is challenging the constitutionality of state law regulating adult-oriented businesses.

Vixen at the time said issuing a TRO would be equal to deciding the constitutionality of state laws, but with the case moving ahead he said he would decide the constitutionality question.

Its owner, David Eliason, is seeking a preliminary injunction, declaratory judgment and damages from the city for delaying Dick and Jane's' opening.

Eliason is former co-owner of Annabelle’s Adult Super Center in Sioux Falls, S.D., and Olivia’s Super Center near Tea, S.D.

Related:  

Copyright © 2025 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

Texas Resumes AV Lawsuit Against Aylo Following SCOTUS Decision

A district court judge in Texas has unfrozen the state’s $1.6 million lawsuit against Aylo for allegedly failing to comply with age verification requirements, Bloomberg Law is reporting.

Nadia Jay Stars in Latest From Brazzers

Nadia Jay stars with Mick Blue in the latest release from Brazzers, titled "Fucking the Bath Voyeur."

Blush Introduces 'Splash' Vibe

Blush has debuted its new duck-themed Splash vibrator.

SVibe Debuts 2 New Vibrators

SVibe has introduced two new vibrators.

Tommy Gunn Reflects on His Legendary Past as He Looks to the Future

Tommy Gunn is wearing an eyepatch. It’s not an homage to the classic "Pirates" porn parody franchise, in which Gunn takes on the Johnny Depp role. The eyepatch is a temporary measure to help him deal with a nerve palsy that came out of nowhere several years ago and affects his vision from time to time. Gunn needs his vision. As one of the adult industry’s longest-serving male stars, he still has plenty to look forward to.

Rocco Siffredi Directs New Rebel Rhyder Showcase

Evil Angel has released Rocco Siffredi’s Rebel Rhyder showcase title, "Rebel Meets Rebel."

JuicyAds Wins Trademark Infringement Case Against Fraudulent Domain

JuicyAds has won its World Intellectual Property Organization (WIPO) case against a website using a similar domain to impersonate the company's site and defraud customers.

Shalina Devine Toplines 'Thr3e #7' From Dorcel

Shalina Devine headlines the latest release from Dorcel, titled "Thr3e #7."

Chloe Amour Headlines 'Unfaithful Betrayal 3' From Bellesa Films

Chloe Amour toplines the third volume of “Unfaithful Betrayal” from Bellesa Films.

ProDx Health Introduces 'Power Femme' Test

ProDx Health has introduced its new Power Femme Home Collection Kit.

Show More