Adult Store Still Open Despite Court Order
The Associated Press
May 6, 2007
DALE, Ind. -- Spencer County officials haven't succeeded in shutting down an adult bookstore, and neither has a court order.
The Adult Plaza remains open nearly two months after a judge ordered it to close, saying it violates the zoning law that was written to stop it.
A hearing has been scheduled for May 21 after attorneys for the county requested it Friday in Spencer Circuit Court.
In an affidavit filed Friday, Santa Claus police officer Matt Conen said the business continues to sell pornographic items and showcase an adult cabaret featuring seminude dancers.
The dispute began even before Adult Plaza opened in November 2005 at the site of a former truck stop at the U.S. 231/Interstate 64 interchange about 35 miles northeast of Evansville. The week before, Spencer County passed an ordinance designed to stop the bookstore.
Circuit Judge Wayne Roell sided with Spencer County in March in its attempt to enforce the ordinance, which bars adult businesses from operating within 1,000 feet of churches, schools and homes. He ordered the business to shut down.
Opponents have said the bookstore and its exotic dancers do not fit in with the Spencer County's family friendly appeal with attractions including Holiday World and Splashin' Safari theme parks, the Christmas-themed town of Santa Claus and Lincoln State Park.
Attorneys for the Adult Plaza bookstore had argued the ordinance was unconstitutional.
The Associated Press left a telephone message seeking comment Saturday at the office of Cincinnati attorney H. Louis Sirkin, who has represented Adult Plaza.