Adult store makes federal appeal again

Erin Neff

Wednesday, July 5, 2000 | 10:31 a.m.

An attorney for an adult video store ordered closed Monday by a local judge is asking a federal appeals court today to overturn the decision.

Michael Stein, an attorney representing the Hot Stuff Video store on West Charleston Boulevard, was expected to seek an emergency order today from the 9th U.S. Circuit Court of Appeals in San Francisco.

On Monday District Judge Michael L. Douglas issued an injunction prohibiting Hot Stuff from staying open without a valid business license.

"I'm confident in what we've done," said William Henry, Las Vegas' senior litigation attorney.

This week's judicial wrangling is the latest in a 3-year-old effort by the city to close the store it claims violated terms of its initial March 1997 temporary license by offering adult-oriented merchandise.

The store opened in an area zoned for commercial use. Shortly after it opened, the city audited the store and determined that more than 50 percent of its merchandise was sexually oriented.

Adult businesses are permitted only in industrial zones.

As a result the city denied Hot Stuff a permanent license and won an initial District Court ruling forcing the store to close.

But the store has consistently won on appeal, and despite a nine-month stretch in which it was closed by the court, it has remained open for most of the three years.

"When this started three years ago, I told folks around City Hall this is going to be akin to a war and it's going to be a long war," Henry said. "Hot Stuff is going to win some battles, and the city is going to win some battles.

"Ultimately the city of Las Vegas is going to win the last battle, and we're going to win the war," he said.

Residents who live near the store have joined with anti-porn activists to pressure the city to continue its fight.

Henry said he believes the legal battle is important because the city needs to enforce its laws and protect residents from spillover effects from the store. The store is located near residential areas, a senior complex and a church.

In recent months the City Council has approved several minor language changes in the municipal code dealing with business licenses. Hot Stuff has successfully argued in appellate court that the city's code is unconstitutional on several grounds.