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

Kenna James Leads 4th Installment of 'Equilibrium'

Kenna James stars in the fourth installment of Vixen Media Group studio imprint Deeper’s fantasy feature “Equilibrium.”

Kate Dalia Headlines Latest Volume of 'Catfished' From Sweet Sinner

Kate Dalia toplines the sixth volume of “Catfished,” the latest release from Mile High Media studio imprint Sweet Sinner.

Orion Debuts 2 Rabbit Vibes From Sweet Smile Line

Orion Wholesale has introduced two new rabbit vibrators from its Sweet Smile line.

Sophia Locke Stars in 1st Episode of 'Mommy's Boy' Crossover

Reigning XMAs MILF Performer of the Year Sophia Lock stars with Elias Cash and Demi Hawks in the first installment of Adult Time “Mommy’s Boy” and “Mommy’s Girl” crossover event, titled “His Pro-Domme Stepmom.”

Amalia Davis Stars in Latest From HardX

Amalia Davis stars with Lucas Frost in the latest release from XEmpire studio brand HardX.

Lia Lin Stars in Latest From Brazzers

Lia Lin stars with Jordi El Nino Polla in the latest release from Brazzers, titled "Giving Her All She Can Handle."The scene opens with Lin and Polla flying to Europe to shoot together for the first time.

Odin Debuts 'Naughty Fan' Collection

Odin Novelties has introduced its Naughty Fan collection.

Appeals Court Upholds Section 230 Immunity in XVideos Case

The U.S. Court of Appeals for the 9th Circuit has upheld a lower court’s ruling that Section 230 protects WebGroup Czech Republic from liability in a case involving user-uploaded CSAM on its tube sites.

Isa Bella Stars in Latest From New Sensations

Isa Bella stars with Isiah Maxwell in the latest release from New Sensations.

Adam & Eve Reveals Results of 'Sexual Discussion' Survey

Adam & Eve has released the results of a survey asking respondents how comfortable they were discussing sex.

Show More