Rapid City settles with owner of Adult Sex Store for nearly $300K
4-year long lawsuit comes to an end
RAPID CITY, S.D. (KEVN) - Rapid City settles a lawsuit from a business owner four years after it was filed.
The suit began after the city council revoked the company’s permit to operate because of an ordinance. A judge ruled the ordinance was unconstitutional. Now the city has settled the lawsuit after the council revoked the store’s operating permit.
The adult store was near a Karate Studio. The city council claimed the studio was an educational facility and that the adult shop was violating an ordinance.
But a Circut Court Judge ruled that ordinance was unconstitutional.. and its definition of an educational facility was vague. We spoke with the owner of the adult store tonight by phone.
“We are pleased the city was able to work with us and reach a settlement before going to trial,” David Eliason, owner of Dick and Jane’s Super Spot. “The city attorney had advised them to approve the permit from the get-go even after the appeal.”
Councilmember Ritchie Nordstrom was among the members who voted against allowing the shop to operate.
He says it was inappropriate for young children at the Karate studio to be near the adult shop.
He also says the owner was considering other locations at the time. Here’s his reaction to the settlement.
“What is your opinion of them getting all this money now? Nordstrom said. “It could have been worse. It could have gone to a jury trial, and who knows what is going to happen then. I want to say thank you to everyone who was involved in the settlements out of court because when it gets into a jury system, you never know which way it is going to go.”
But Eliason says it’s not the first time the city council has not followed advice from the city attorney’s office and may not be the last.
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