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

Polish Government Proposes AV Mandate for Adult Sites

Poland’s Council of Ministers on Tuesday endorsed a proposed national law that would require sites and platforms to age-verify users to prevent minors from accessing adult content online.

Charlotte Sins, Aiden Ashley Front Latest Installment of 'The Yes List'

Charlotte Sins and Aiden Ashley star with Oliver Flynn in the latest installment of Adult Time series "The Yes List," titled "The Origin of the Throuple."

Sliquid Launches B2B Portal 'Sliquid HQ'

Sliquid has launched Sliquid HQ, the company's new B2B portal centralizing its distribution, educational, and marketing resources.

Brazil Launches Complaints Page for AV Violations, Other Issues

Brazil’s National Data Protection Authority (ANPD) on Monday debuted a portal where citizens can report possible violations of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

COTR Taps Dr. Alix Agar for Advisory Board

COTR has appointed Dr. Alix Agar to its medical and therapeutic advisory board.

CC Wellness Names Melody Cazarin Director of Strategic Accounts

JO parent company CC Wellness has appointed Melody Cazarin to the position of director of strategic accounts.

Texas Patti Leads Latest From Evil Angel

Texas Patti stars with multi-XMAs winner Mick Blue in the latest release from Evil Angel.

Lilly Bell, Lily Labeau Front Latest Release From TeamSkeet

XMAs winner Lilly Bell stars with Lily Labeau and Donnie Rock in the latest scene from TeamSkeet’s “Brat Tamer” series, titled “Band Brat Gets a Spanking.”

Raissa Bellini Makes Her MILFY Debut

Raissa Bellini has made her debut for Vixen Media Group studio imprint MILFY, alongside 2025 XMAs Male Performer of the Year Alex Jones.

Octavia Red Stars in Hentaied Pro's Latest Interactive Release

Reigning XMAs Girl/Girl Performer of the Year Octavia Red stars in Hentaied Pro’s latest all-girl interactive release, titled "Lady Seraphine."

Show More