Tenn. Supreme Court Rules Anti-Adult Law Unconstitutional

KNOXVILLE, Tenn. — Tennessee’s Supreme Court has struck down an ordinance designed to restrict adult-oriented businesses, saying it was overly broad and vague.

For Nashville-based Entertainment Resources, the owner of Fantasy Video, the adult retailer that challenged the law, the decision came a little late because the store had long since lost its lease and gone out of business.

But the case isn’t quite over just yet because the court said in its ruling that Entertainment Resources is “entitled to a determination of damages” including lost revenue and attorneys fees that could cost taxpayers hundreds of thousands of dollars to cover the city’s blunder.

When Fantasy Video opened in August 1998, its inventory was said to consist of 80 percent adult material and 20 percent general-interest videos.

Claiming that the ratio classified Fantasy Video as an adult business and, as such, was in violation of an ordinance, local police began inspecting the store and issuing citations on an almost daily basis.

In response, Entertainment Resources actively sought out guidance from city officials and implemented significant changes — including stocking 70 percent general interest videos — in an attempt to avoid the reach of the ordinance.

These efforts were ignored, and police continued to cite the store to the point of making the business unprofitable. Ultimately, the city won an injunction against the store, effectively shutting it down.

The move set off a seven-year legal battle that ended recently in the state’s Supreme Court, which ruled that since even city officials and police officers called to testify could not explain certain aspects of the law, it was unconstitutionally vague. What’s more, the court said, the city had failed to meet Fantasy Video halfway in its efforts to come into compliance with the law.

In the meantime, Fantasy Video had closed its doors and the city had replaced the ordinance with one that was more clearly worded.

“It’s been a long road of litigation,” Richard Gaines, attorney for Entertainment Resources, said. “It’s cost my clients a lot of money to fight this.”

Now, however, Entertainments Resources will have an opportunity to recoup some of that money. While the company has not yet filed a motion, Gaines said such an action is likely.

The city, meanwhile, may attempt to petition the case to the U.S. Supreme Court, but that scenario is less likely, given the small number of cases the court hears each year.

Copyright © 2025 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

Chloe Amour: Recharged, Refocused, and Ready for Real Love

These days, getting ahold of Chloe Amour on the weekend can be tough. She might ditch her phone, as was the case on a recent weekend while celebrating her birthday with family at Disneyland, riding the rides and taking in some sun.

Strike 3 Holdings Sues Meta for Pirating Vixen Media Group Content to Train AI

Vixen Media Group owner Strike 3 Holdings filed suit in federal court this week, accusing Facebook parent company Meta of copyright infringement and alleging that Meta has extensively pirated VMG content to train its artificial intelligence models.

Full Circle Debuts New 'Cleo Feather' Vibe

Pleasure brand Full Circle has introduced its new Cleo Feather Tickler vibrator.

Pjur Launches 'Toy' Line in North America

Pjur has announced its Toy series of wellness products will be available for purchase in the U.S. starting in September.

Isabella De Laa, Cherry Candle Star in Latest From MixedX

Isabella De Laa and Cherry Candle star in the latest release from MixedX, titled “Between Us.”

Tony Sting, Adira Allure & Dominic Pacifico Headline Latest From BiPhoria

Tony Sting, Adira Allure, and Dominic Pacifico star in the latest release from BiPhoria.

Orion Expands Cottelli 'Costumes' Line

Orion Wholesale has introduced two new outfits from its Cottelli Costumes line.

Proxy Paige, Wolf King Release 'I Kissed a Trans and I Liked It'

Evil Angel has released its latest title, “I Kissed a Trans and I Liked It,” co-directed by Proxy Paige and Wolf King.

Harry Styles' Lifestyle Brand Enters Sexual Wellness Space With 'Pleasing Yourself' Vibe, Lube

Pleasing, the lifestyle brand founded by Harry Styles, has launched its first sexual wellness product line, Pleasing Yourself, featuring a double-sided vibrator and a silicone lubricant.

Tenga Names Kyrie Hara Sales Lead

Japanese pleasure brand Tenga has appointed Kyrie Hara as its new sales lead for Tenga USA.

Show More