Fitness club owner resents change in adult-business law

Friday, Sept. 24, 1999 | 9:34 a.m.

Corey Jenkins, the man in the eye of the sex business tornado that just blew through the county commissioners office, finds himself in an uncomfortable position.

He is not a fan of sex-oriented businesses but says he supports the rights of those who are in those legally protected industries to operate.

"I am not a fan," Jenkins emphasized. "In fact, I have never publicly opposed this ordinance."

The "ordinance" was one passed Wednesday by county commissioners acting in their capacity as a zoning board.

It extends the distance requirements between adult-oriented businesses from 500 feet to 1,000 feet.

If it withstands possible legal challenges, the ordinance would effectively prevent Jenkins' Sporting House, an upscale fitness center located at 3025 Industrial Road, from ever being converted into a business catering to adults with interest in sexually provocative activities. An adult-oriented business is already located nearby on Industrial Road.

But Jenkins says he does not intend to, nor has he ever intended to, open a topless club or any other sexually-oriented business.

"I have no intention of selling my property or converting it into an adult-oriented business," Jenkins said. "I am trying to run an on-going business. I have not sold it. I will continue running it."

In fact, Jenkins said he is spending hundreds of thousands of dollars to upgrade the gym he opened after buying the 6.5 acres six years ago.

Jenkins said he paid about $4.5 million for the property and has been offered $11 million but is not interested in selling it or changing its use.

"I am a victim here, a businessman just trying to run my business and protect my property rights," he said.

How did Jenkins become a victim?

He said he decided to get a use permit and business license that would give him more options in the use of the property, including the option of opening an adult-oriented business or selling to someone who wanted to use it for that purpose.

"This is not an adult-business issue as far as I am concerned," Jenkins said. "I am protecting my property rights and using all means possible to protect them."

Jenkins says there has been an "unholy" alliance of adult-oriented business owners and other businesses who want to protect their own self-interest while depriving him of his constitutional rights.

"Other interested parties are singling me out to take away my land value," Jenkins said. "Every step of the way I have been in a defensive mode."

He called the ordinance "constitutionally suspect" but did not say he was preparing legal action to test the constitutionality, but he leaves it open as an option.

Though commissioners are saying the ordinance stops Jenkins or others from turning the Sporting House into an adult-oriented business, Jenkins says that may not be true.

"That's not how we read the ordinance. We just don't read it the same way," Jenkins said. "We don't think our property is shut out from potential adult-oriented business use."

Jenkins called the ordinance "very cloudy and vague. As written, it is very fuzzy and unclear and doesn't pass constitutional muster."

He said the ordinance is unfair because it is being directed at one business -- his.

He compared his situation to that of Wal-Mart, the mega-department store chain that ran into another zoning ordinance that appears to have been tailored specifically for them.

The commissioners sent the proposed ordinance that would affect the store to the state attorney general for an opinion. The ordinance would prohibit stores with more than 110,000 square feet of retail space from having more than 2,000 square feet of food sales.

"Our issue is somewhat similar," Jenkins said. "It's an ordinance directed at hurting one business. That is blatantly unfair."