The appellate court upheld the permanent injunction entered on July 13, last year, by Judge James Eder, Effingham County State’s Attorney Ed Deters said.
The bookstore appealed the ruling on grounds that banning adult stores within 1,000 feet of certain municipal facilities was unconstitutional.
“The appellate court’s decision in this case is a tremendous victory for the citizens of Effingham County, and especially for the citizens of Montrose,” Deters told the Herald & Review of Decatur, Ill. “While this battle may or may not continue in other forums, this decision means that for the foreseeable future, local citizens will not have an adult business selling pornography next door to the park where local children play.”
It remains unknown whether Lion’s Den will appeal the ruling all the way to the Illinois Supreme Court.
Deters worked in conjunction with Illinois Attorney General Lisa Madigan and Chattanooga, Tenn.’s Assistant State Attorney Scott Bergthold in the trial and appeal of the case.
“Without their expertise in this area of First Amendment law, and our shared commitment to achieving the best result possible in this case, last week’s decision would not have been possible,” Deters said.
“I’m happy it went our way,” Montrose village trustee Carolyn Jansen said. “It’s nice that finally we have one step against this kind of stuff. It’s a nasty product that shouldn’t be out there, though I know they have the right to sell it. This is one step toward the good.”
