Adam & Eve Franchise Operator Takes Zoning Case to U.S. Appeals Court

Adam & Eve Franchise Operator Takes Zoning Case to U.S. Appeals Court

JONESBORO, Ark. — An Adam & Eve franchise operator has taken its fight to open a retail location in Jonesboro to the 8th U.S. Circuit Court of Appeals.

With the appeal, Adam & Eve Jonesboro LLC is challenging an Arkansas statute defining an adult bookstore.

In August, U.S. District Court Judge D. Price Marshall ruled in favor of Jonesboro and dismissed litigation after the franchise operator sued the city and the mayor when it denied permits the business needed to open its doors.

Adam & Eve was stocked and ready to open when the city refused to give the retailer a conditional-use permit and refused to inspect the store, according to the suit.

Adam & Eve, which sells some pleasure products and novelty items, claims that terms of Jonesboro statute are “largely undefined, unconstitutionally vague and overbroad, and are arbitrarily enforced” and asked Marshall to either declare the statute unconstitutional or determine that the statute doesn’t apply to its business.

The suit claimed the "statute is an unconstitutional prior restraint on protected speech, is unconstitutionally vague and overboard, is not narrowly tailored to serve a substantial government interest, is arbitrarily and capriciously enforced by the defendants, and violates [Adam & Eve Jonesboro LLC’s] right to equal protection."

Although the city of Jonesboro issued a privilege license allowing Adam & Eve to do business within the municipality’s boundaries, it contended the proposed location requires the owners to apply for and receive a conditional-use permit as well.

The city of Jonesboro contended that the proposed site is near a church, putting it in violation of state law, which sets a 1,000-foot restriction from designated places, such as residential use areas and schools, and a city ordinance that increases the distance to 2,000 feet.

On Thursday, Adam & Eve Jonesboro LLC submitted its opening brief to the appeals court.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Playboy Launches Model Search for Honey Birdette Lingerie Collab

Playboy has launched a global model search for the face of the company's exclusive collaboration with lingerie brand Honey Birdette.

Xgen Expands Distro Deal With East Coast News

Xgen Products has expanded its distribution deal with East Coast News (ECN), with the latter now carrying the Lapdance Lingerie and Envy Menswear lines.

Orion Debuts 'Beasty' Jumpsuits

Orion Wholesale has introduced its new Beasty Suits reptilian role-playing jumpsuits.

Eldorado to Host 'Virtual Elevation' Webinar With Lovehoney

Eldorado Trading will host its next "Virtual Elevation," a live, private webinar for retailers, featuring Lovehoney Group's John Marinello and Kim Card, and Eldorado Marketing Director Nathan Morimitsu, on April 23 at noon PDT.

Sportsheets Expands 'Shadow' Collection

Sportsheets has expanded the Shadow collection from its Sex & Mischief line of BDSM gear.

COTR, Inc. Acquires Together Brand

COTR, Inc. has acquired the assets and distribution rights of pleasure brand Together.

Kiiroo Introduces New Leigh Raven Mouth Stroker

Kiiroo has debuted the new FeelLeigh Raven mouth stroker sleeve from its FeelStar line.

Xgen Hosts 'Ask a Sexologist' Events in Arizona

Xgen Products has wrapped up its “Ask a Sexologist” in-store event series featuring resident sexologist Dr. Mindy at Fascinations retail locations in Arizona.

Kyle Sievert, Rachael Wolfe Join Full Circle Sales Team

Kyle Sievert and Rachael Wolfe have joined the sales team at Full Circle.

Tennessee Bill Would Require Warnings on Adult Stores

The Tennessee Senate has passed a bill requiring adult stores, theaters and other establishments in the state to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Show More