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

Elegant Angel Debuts 'Hailey Rose Is Titwoman' Showcase

Multi-XMAs winner Hailey Rose takes on the role of "Titwoman" in the latest iteration of Elegant Angel's signature showcase series.

Full Circle Debuts 'Big Juicy Booty' Collection From 'Savage Me' Line

Full Circle has introduced its Big Juicy Booty torso collection from its Savage Me line.

Jazmin Black Stars in Latest From Bellesa Plus

Jazmin Black stars with Nathan Bronson in the latest episode of the Bellesa Plus series “Blind Date.”

Ayla Makes Her WIFEY Debut

Ayla has made her debut for Vixen Media Group studio imprint WIFEY alongside her partner Eden and Jonathan Jordan.

Sophia Locke, Demi Hawks Lead 'Mommy's Girl' Crossover Finale

Reigning XMAs MILF Performer of the Year Sophia Locke stars with Demi Hawks in the final installment of Adult Time’s “Mommy’s Boy” and “Mommy’s Girl” two-part crossover event, titled “Her Pro-Domme Stepmom.”

Orion Introduces 2 New Styles From Cottelli Lingerie

Orion Wholesale has debuted two new styles from its Cottelli Lingerie line.

Octavia Red Returns to Jules Jordan

XMAs winner Octavia Red stars with Manuel Ferrara in the latest scene from Jules Jordan Video.

Jadynn Stone, Karla Lane & Savannah Rae Star in Latest From Brazzers

Jadynn Stone, Karla Lane, and Savannah Rae star with Lil D in the latest release from Brazzers, titled "Lesbian Polycule Cheats With Cock."

Orion Expands 'Rebel' Line

Orion Wholesale introduced two new pleasure products from its Rebel collection.

Jessi Rae Named Vixen's 1st Brand Ambassador

Vixen Media Group (VMG) has named Jessi Rae its first-ever brand ambassador.

Show More