Monday night in a 6 to 4 vote, the Rapid City Council upheld the appeal of the planning commission's approval of a sexually oriented business hoping to move into the Deadwood Avenue Business Park.
Dick and Jane's Naughty Spot would have set up shop 600 feet away from Karate for Kids, a current business in the same strip mall.
City ordinances prohibit an adult business within one thousand feet of an educational facility.
The owner of Karate for Kids says she may not have a traditional school where they teach kids to read and write, but they do teach kids valuable life skills.
Karate for Kids Attorney Michael Sabers says, "They certainly have an educational facility as the city chose to define it. Why? Because they pump about 100 kids through their school and the Dick and Jane's Naughty Spot, the adult oriented business, they want to put it 600 feet away. "
Dick and Jane's Naughty Spot Attorney Roger Tellinghuisen says, "You have to decide whether our First Amendment to the United States Constitution means something and I suggest that it does. I don't think you can deny that Mr. Eliason has an opportunity and a right to be in this location under these circumstances."
Naughty Spot Owner David Eliason said he will take the issue to court on this denial.