The legal settlement was approved 4 to 1 by the New Smyrna Beach City Commission. Owned by David Wasserman, Intimate Moments also can’t expand its business, signs or advertising, City Attorney Frank Gummey said.
“One more day is too much for me, so I'm not going to approve it,” Commissioner Lynne Plaskett, who cast the lone dissenting vote, said.
Other city commissioners expressed their displeasure with the ruling, but they apparently decided it would end the perpetual legal battle the city has engaged in with Wasserman.
“My intent, if I stay in the city, is to open in a location other than the industrial zone and fight them again,” Wasserman said.
Wasserman has been entangled in legal battles with the city before over licensing and zoning restrictions. He filed suit in May 2005 against the city claiming its adult entertainment zoning and licensing laws are unconstitutional and overly vague, according to the Daytona Beach News-Journal.
The city commission changed its zoning ordinance to only allow adult businesses to operate in remote industrial areas, pushing them further away from city limits.
While Wasserman did not attend the ruling, he agreed to abide by it and vacate the premises in 2009.
“I don’t like censorship,” Wasserman said.
