Lingerie store files suit against city

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The store alleges the city says Rose Petal Lingerie is classified as an adult bookstore and must obtain a special license.

By Josh Mitchell
jmitchell@wyomingnews.com

CHEYENNE — A downtown lingerie boutique is suing the city on the basis of the municipal sexually oriented business ordinance.

Rose Petal Lingerie, located at 1609 Central Ave., argues that it does not fall under the definition of an adult bookstore.

But the city says the establishment, which advertises itself as “Your One Stop Love Shop,” does fall under the ordinance and therefore must get a sexually oriented business license, the lawsuit states.

This is just an attempt by the city to shut the business down, says the plaintiff, DDD Glass Werks Inc., which does business as Rose Petal Lingerie.

City attorney Dan White said he could not comment on whether the city disagrees with the business’ claim that Rose Petal Lingerie does not fall under the definition of adult bookstore in the ordinance.

The city will file its response to the lawsuit next week, White added.

White said he does not know whether the business would be denied a sexually oriented business license from the city, adding that the establishment has never applied for one.

White would not comment on how this case came about, but he said the city has not issued the business any notice of violation or ordered it to shut down.

According to the lawsuit, the business sells lingerie, oils, lotions and items for bachelorette parties. Those items do not fall under the city’s definition of a sexually oriented business, the plaintiff argues.

The city’s ordinance states that an adult bookstore sells or rents “books, magazines, periodicals or other printed matter; or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations depicting or describing specified sexual activities or specified anatomical areas.”

The plaintiff says it does not sell those items and therefore is not an adult bookstore under the city’s definition.

The city could have written its ordinance to include items that Rose Petal Lingerie sells, but it did not, the lawsuit states.

The plaintiff “must be legally allowed to continue to make his livelihood and provide for his family,” the lawsuit says.

Officials with the business referred questions to their attorney, John Kuker of Cheyenne. Kuker did not return phone calls seeking comment.

The suit was filed this month in Laramie County District Court and was assigned to Judge Michael Davis.

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