City says store is a sex shop
July 14, 2012 by admin
Filed under Latest Lingerie News
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City Attorney says Rose Petal Lingerie does fall under Cheyenne’s adult bookstore ordinance, but the store’s owners say it doesn’t.
By Josh Mitchell
jmitchell@wyomingnews.com
CHEYENNE — City attorney Dan White says that a local business, Rose Petal Lingerie, does indeed fall until the municipal adult bookstore ordinance.
“Because the petitioner is engaged in the sale of items which constitute printed matter or visual representations depicting or describing specific sexual activities or specified anatomical areas, the petitioner’s business constitutes an ‘adult bookstore’ as defined (by city code),” White writes in response to a lawsuit filed by Rose Petal’s owners.
The store, which is located at 1609 Central Ave., says the city is trying to illegally enforce the ordinance on its operations.
Rose Petal, which sells items for bachelorette parties, says it does not fall under the definition of an adult bookstore.
This is just a ploy to shut down Rose Petal Lingerie, the plaintiff argues.
The business’ attorneys, John Kuker and James Peterson of Cheyenne, said in a statement:
“The city is well aware that because the Rose Petal’s location is within 1,000 feet of a protected area, it is not eligible for such a license.”
City code says, “It is unlawful to operate or cause to be operated a sexually oriented business within 1,000 feet of a church, a public or private elementary or secondary school, a public park or recreation facility, a state-licensed day care center, or any residential zone.”
White responded, “I have no comment regarding any of (what Rose Petal’s lawyers had to say).”
He repeated that the store is required to get a sexually oriented business license. But he added the business has not been ordered to shut down.
Rose Petal Lingerie says it sells items such as lingerie, lotions, oils and novelty items. It does not sell or rent videos or books showing sexual activities, it adds.
Laramie County District Court Judge Michael Davis is presiding over the case, but no hearing has been set.
White said he could not offer specific comments on the case since it is ongoing litigation.
But the plaintiff’s attorneys said, “In these times of increa-sing and alarming oversight by the government into the daily lives of its citizens, we hope to come to some agreement with the city prior to the hearing wherein our client is allowed to continue to operate his store without further governmental interference.”
