Richard Olsafsky, who owns Xpectations, had filed a lawsuit against Emmet Co. in June, claiming the local zoning ordinance was in violation of the 1st Amendment. Olsafsky, who owns other adult stores in the state, opened Xpectations in October, despite the pending litigation.
The deal, which renders certain sections of the county zoning ordinance void and unenforceable, was entered into the federal court records Jan. 19. A federal judge is expected to approve the settlement.
Xpectations, which currently occupies a little more than half of a building in a mixed retail and residential neighborhood, will be allowed to stay and expand to its full 3,200-square-foot space in the near future. However, the store is barred from opening any additional types of adult entertainment on the premises, including an adult cabaret, an adult personal service establishment or an adult theater.
County zoning laws limit adult businesses from locating near schools, churches and residential areas and require a special zoning permit.
Olsafsky’s suit claimed the ordinance was vague, overly broad and in violation of his free speech rights. His suit also claimed that he met all of the requirements under the law, but the county originally disputed that assertion.
Emmet Co. attorney Kathleen Abbott said the local government is undergoing a “comprehensive” update of all zoning laws, including those regulating adult businesses. Though she would not say how the laws would be changed, Abbott made clear that the Xpectations settlement would protect the store from any future amendments.
