Tenn. Supreme Court Rules Anti-Adult Law Unconstitutional

KNOXVILLE, Tenn. — Tennessee’s Supreme Court has struck down an ordinance designed to restrict adult-oriented businesses, saying it was overly broad and vague.

For Nashville-based Entertainment Resources, the owner of Fantasy Video, the adult retailer that challenged the law, the decision came a little late because the store had long since lost its lease and gone out of business.

But the case isn’t quite over just yet because the court said in its ruling that Entertainment Resources is “entitled to a determination of damages” including lost revenue and attorneys fees that could cost taxpayers hundreds of thousands of dollars to cover the city’s blunder.

When Fantasy Video opened in August 1998, its inventory was said to consist of 80 percent adult material and 20 percent general-interest videos.

Claiming that the ratio classified Fantasy Video as an adult business and, as such, was in violation of an ordinance, local police began inspecting the store and issuing citations on an almost daily basis.

In response, Entertainment Resources actively sought out guidance from city officials and implemented significant changes — including stocking 70 percent general interest videos — in an attempt to avoid the reach of the ordinance.

These efforts were ignored, and police continued to cite the store to the point of making the business unprofitable. Ultimately, the city won an injunction against the store, effectively shutting it down.

The move set off a seven-year legal battle that ended recently in the state’s Supreme Court, which ruled that since even city officials and police officers called to testify could not explain certain aspects of the law, it was unconstitutionally vague. What’s more, the court said, the city had failed to meet Fantasy Video halfway in its efforts to come into compliance with the law.

In the meantime, Fantasy Video had closed its doors and the city had replaced the ordinance with one that was more clearly worded.

“It’s been a long road of litigation,” Richard Gaines, attorney for Entertainment Resources, said. “It’s cost my clients a lot of money to fight this.”

Now, however, Entertainments Resources will have an opportunity to recoup some of that money. While the company has not yet filed a motion, Gaines said such an action is likely.

The city, meanwhile, may attempt to petition the case to the U.S. Supreme Court, but that scenario is less likely, given the small number of cases the court hears each year.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Kink's Closet Releases New Collection

Kink's Closet has released its latest collection.

Eldorado to Host 'Virtual Elevation' Webinar With COTR

Eldorado Trading is hosting a private "Virtual Elevation" live webinar for retailers with COTR Product Education Director Tracy Felder on July 23 at 10 a.m. PDT.

MixedX Releases 'The Secret Examination'

MixedX has released "The Secret Examination," starring Angelika Grays and Lia Lin.

Kinkly Partners With Sex.com for Branded Items

Canada-based sexual wellness information site Kinkly has partnered with Sex.com to offer a selection of 20 exclusive branded items, including fashion pieces and accessories.

Texas Judge Pauses AG Ken Paxton's Aylo Lawsuit Until SCOTUS Decision

A Texas district judge granted a request Wednesday to pause proceedings in the lawsuit filed by Attorney General Ken Paxton against Aylo over its implementation of Texas’ controversial age verification requirements for Pornhub, pending the outcome of the Free Speech Coalition-led lawsuit against Paxton, which will be heard by the Supreme Court during the next term.

Haley Davies Toplines 'Hardcore Bombshells 2' From Hard X

Haley Davies headlines the second volume of "Hardcore Bombshells," from X Empire studio brand Hard X.

Ella Reese Headlines 'I Can't Help It 4' From Bellesa

Ella Reese toplines the fourth volume of "I Can't Help It," from Bellesa.

Author of UN Report Recommending Worldwide Criminalization of Sex Work, Porn to Speak at NCOSE Summit

Jordanian activist Reem Alsalem, a special rapporteur on violence against women and girls at the United Nations Human Rights Council who recently issued a controversial report recommending that governments abolish all forms of sex work, including porn, will speak at anti-porn lobby NCOSE’s 2024 summit in August.

Champs Hires Joe Prestia as Senior Account Manager

Champs Trade Shows has hired industry veteran Joe Prestia as its new senior account manager for adult boutiques.

Orion Debuts Javida Licking and Thrusting Vibrator

Orion Wholesale has introduced the new Licking and Thrusting Vibrator from its Javida line.

Show More