March 26, 2008 09:18 pm
—
By Susan Redden
sredden@joplinglobe.com
CARTHAGE, Mo. — The Jasper County Commission today will discuss a recommendation that the panel delay action on a measure to regulate sexually oriented businesses in the wake of a federal lawsuit filed by a Kansas City firm.
Dean Dankelson, county prosecuting attorney, said he is advising the commission to wait for the outcome of a lawsuit challenging a Jackson County ordinance.
Some elements of the Jackson County measure have been used in an proposed ordinance to regulate Jasper County businesses, including Vegas Video, a planned store on Interstate 44 between Joplin and Sarcoxie.
County officials also were advised to issue a county license to the new business, an adult-video store and arcade. Inspections were completed, and the license was mailed Wednesday.
The federal lawsuit was filed by owners of Erotic City, an adult-entertainment business in Jackson County, contending that the county ordinance violates free-speech rights and other provisions of the U.S. Constitution.
“The issues in the lawsuit are the same as we’re facing here,” Dankelson said. “We can wait and receive guidance from the federal courts on what can and cannot be done in a local ordinance.”
Joplin attorney Bill Fleischaker, who represents the owner of Vegas Video, said he is pleased that the county decided to issue the license.
“I think that shows good judgment on their part,” he said. “The last thing we want to do is be in litigation with the county. Once my client’s allowed to open his business, he’ll be able to show it won’t be the devil’s den they think it is.”
John Putnam, a member of a group battling that business and other adult businesses in the county, said he does not object to a delay.
“We’re going to wait for the discussions tomorrow,” he said Wednesday. “We also want to see the work done to make sure the county adopts a bill that can be defended. But I don’t see why they can’t continue to do that.”
Putnam predicted that it could take as long as two years for a resolution on the federal lawsuit. “I don’t think they should stop for that long,” he said. “I think the county should go forward with a good, solid law.”
Putnam’s group, called Citizens for a Decent Environment, is working with a Tennessee attorney who has written laws to regulate adult businesses in several cities and states.
“He’s reviewed the county ordinance, and there’s a couple of things he’d like to see them do to make sure it holds up in court, but he says he’ll continue to work with them,” Putnam said. “I don’t see why the county can’t move forward as long as it bases its ordinance on one that’s been upheld in court.”
Neighbors of the Vegas Video location organized and appealed to the commission when plans for the site included a juice bar with seminude dancing. In response, the commission adopted a new adult-cabaret ordinance that sets a number of regulations, and requires criminal and health checks of workers. The owner has since decided to open a bar instead of a juice bar, and state officials say that business also could, under the law, feature seminudity.
The residents’ group is meeting twice each month to share research and organize opposition. It has obtained more than 1,400 petition signatures in support of county restrictions on sexually oriented businesses.
License issued
A license was sent to Vegas Video via certified mail on Wednesday, according to Steve Holt, Jasper County collector. The collector’s office issues business licenses.
Copyright © 1999-2008 cnhi, inc.