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 © 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

LELO Debuts 'Ina Thrust' Thrusting Vibrator

LELO has introduced its new Ina Thrust thrusting vibrator.

Ofcom Fines Youngtek Solutions $800K for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed fines totaling 600,000 pounds (more than $800,000) against adult site operator Youngtek Solutions for failing to implement age checks and respond to information requests as required for compliance with the Online Safety Act.

Anna Kolba Makes Her Evil Angel Debut

Anna Kolba has made her debut for Evil Angel alongside director Richard Mann.

Victoria Grant, Dillon Diaz Topline 'TS Lessons' From TransSensual

Victoria Grant and Dillon Diaz headline "TS Lessons," from Mile High Media studio imprint TransSensual.

On the Set: Fast Cars, Sleazy Detectives and Offbeat Mayhem Fuel Ricky Greenwood's 'In the Bag'

Addison Vodka sits behind the wheel of a yellow 1970 Dodge Challenger RT while Elly Clutch rides shotgun, the muscle car's black racing stripe slicing across the hood. Parked beneath the hazy California sky, the whole setup feels like something ripped straight from a Quentin Tarantino film.

Honey Play Box Debuts 'Kai Pro' Stroker at EroSpain

Honey Play Box introduced the new Kai Pro stroker at the 2026 EroSpain trade show in Barcelona.

Adam & Eve Reveals Results of 'Masturbation' Survey

Adam & Eve has released the results of a survey asking respondents about their level of satisfaction from masturbating.

JD Directs New Anne Antonela Showcase

Evil Angel has released director JD's latest showcase, titled "Anne Antonela Unleashed."

Lovense Reveals Results of 'Prostate Pleasure' Survey

Lovense has published the results of a survey on men’s reluctance to explore prostate pleasure.

Kiiroo Debuts 'Keon 2' Stroker

Kiiroo has unveiled its new Keon 2 Stroker.

Show More