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

Hailey Rose Talks New 'Titwoman' Showcase for Elegant Angel

Keisha Gray, Angela White, Octavia Red, and Blake Blossom. These are the well-endowed women who have played the character of "Titwoman" for Elegant Angel.

Eldorado Releases 2026 Lingerie Catalog

Eldorado Trading Co. has released its 2026 Lingerie Catalog.

Digital Playground Premieres Ricky Greenwood's Feature Comedy 'In The Bag'

Digital Playground has dropped “In The Bag,” a ‘70s-inspired comedy from multi-XMAs winner Ricky Greenwood.

Pipedream Names Sunny Winkleman Account Executive

Pipedream Products has appointed Sunny Winkleman as its new account executive.

Jasmine Sherni Performs 1st Gangbang for Brazzers

Jasmine Sherni performs her first gangbang in the latest Brazzers release, "Operation Open Wide."

Carmen Valentina Stars in Latest Release From FreeUse

Carmen Valentina stars in the latest POV release from FreeUse.

Nexus Expands 'Ascend' Line

Nexus has expanded its Ascend collection with the new Extreme thrusting and rotating massager.

Blush Expands 'Performance' Line With 3 New Penis Extender Sleeves

Blush has expanded its Performance collection with three new extender sleeves.

Phoenix Marie, Cory Chase Star in Latest From MILFY

Phoenix Marie and Cory Chase star with Dan Damage in the latest release from Vixen Media Group studio imprint MILFY.

Nexus Expands 'Bendz' Collection

Nexus has introduced a collection of anal plugs from its Bendz line.

Show More