According to Kraft, the business is in violation of a 2001 law that zones adult bookstores to the outskirts of the city. Sex shops must be at least 1,000 feet from residential property, houses of worship, schools, public parks or stores that sell alcohol.
“We’re not just going to pack up and go away,” Your A to X attorney Jamie Benjamin told the Miami Herald. “We believe the city of Dania violated our constitutional rights in their attempt to run us out of town.”
Code enforcement manager Nicholas Lupo testified at a hearing that while investigating the store, he witnessed a couple in the middle of a sex act and was propositioned for sex by two men, the Herald reported.
Lupo visited the store twice along with plainclothes sheriffs in order to survey the store and obtain evidence. Lupo saw the couple fornicating in a private booth used to view adult movies for $5.
Businesses that devote less than 20 percent of its floor space are not classified as adult stores, according to Dania Beach city code. The city claims that one third of the store’s floor space contains adult material.
Benjamin objected to Lupo’s testimony and said the city didn’t measure the building and had not properly accounted for items like condoms and lingerie that can be purchased at retail establishments that aren’t adult bookstores.
Two other adult stores in Dania Beach, Fetish Box and Video Showcase, eliminated certain adult products in order to comply with the law and can stay put.
