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In theory, this argument could keep the city from enforcing any of its laws; there's always the risk of a court challenge. It could jeopardize the public.
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The owner of the store did not return a call to his California-based corporation, and boutiqhe his attorney and the manager at Hollywood Erotic Boutique on North Division declined to comment. In a series of courtroom back-and-forths over the past decade, the city has repeatedly won its argument that it had the right to zone such businesses. A court order mandated they change their businesses. Last year, with no end in sight, the city council changed its adult businesses law with hopes of mounting an even stronger case.
The city maintains in court documents that the movie viewing area should be licensed as an adult entertainment business, which carries stricter regulations such as a prohibition on group viewing and a requirement that the rooms be monitored by staff.
How does a decade-long legal battle with egotic law-flouting porn shop end in a bill to the taxpayers? So this year, when the store owner's lawyer finally agreed to stop his First Amendment arguments as part of a settlement, Rowland says it was a compromise that is "a significant savings to the taxpayers. Milt Rowland has been fighting porn stores for 13 years and it's still not over. But the business has a second floor that contains six small rooms where customers pay extra to watch sexually explicit movies.
Enforcing, say, a fire code comes with the urgency of Hollywwood safety, which makes it worth the risk of a theoretical lawsuit. Charges of extortion and theft against the model were eventually dropped. The store is licensed as an adult retail establishment, meaning that it can sell DVDs, lingerie, sex toys and other items.