The dispute began in 2005 when the Adult Plaza opened its doors on the site of a former truck stop adjacent to two major highways. Local officials brought a suit against the store, saying that its presence would increase crime and charging that the store had opened without a license. Officials also helped orchestrate a community campaign against Adult Plaza.
In May, more than 300 people attended a rally in Huntingburg to raise money for legal fees to fight the store.
The store, which was represented by Cincinnati-based adult entertainment attorney Louis Sirkin, argued that the law barring adult business from operating within 1,000 feet of churches, schools and residences was unconstitutional.
Roell rejected that argument.
“Adult businesses have not been denied a reasonable opportunity to open and operate,” he said. “The regulations restricting operations within 1,000 feet of a residence are valid.”
Attorney John Wetherill, who represented the county along with Scott Bergthold of Chattanooga, Tenn., and local lawyer Francis Lueken, said the store would have to close immediately after the ruling. Wetherill added that an adult motel on the same plot of land would likely remain open until the court could have a hearing regarding that business.
Wetherill said county officials would monitor the store to make sure that its owners comply with the court’s decision.
Sirkin was not available for comment at time of press.
There is no word yet if Adult Plaza plans to appeal the ruling.
“We don't have any indication they are going to be appealing, but it wouldn't surprise me if they did,” Wetherill said.
