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Adult Store’s Owners Willing to Sell Even Before It’s Opened

Texas- Opponents of an adult video store under construction in Red Bird want to talk with the business owners this week about a possible buyout that would prevent the store’s opening.

For weeks, the Rev. Ray Orr and others have protested the adult video store. The owners say they’ll consider scrapping their plan but want to recoup their investment, more than $1 million.

Such a meeting would be the first direct negotiations between those who staged a fourth consecutive weekend of protests at the site on South Westmoreland Road on Saturday and the storeowners, who said last week that they would reconsider their plans for the right price.

“We can make this a very positive situation,” said Mayor Pro Tem Don Hill, who participated in the protest. “We can get it resolved and get them out.”

Gary Hartstein, one of the store’s owners, said Saturday that he and his partners are willing to consider a possible deal. They’ve already invested more than $1 million in the project and would want to make that money back, the owners have said.

“We’d be more than willing to sit down and listen to what they have to say,” said Mr. Hartstein, who co-owns three New Fine Arts adult video stores in Dallas with two other men.

It is unclear who would finance a potential buyout, but at least one nearby business owner said last week that he would be willing to contribute up to $200,000 to the cause. And Edna Pemberton, a community advocate and protest organizer, said she has received dozens of calls from supporters throughout the city offering assistance.

City officials and the store’s opponents agree the men followed all regulations regarding sexually oriented businesses.

Regardless of the law, however, the protesters say a 24-hour, 10,000-square-foot adult video store is not welcome in their neighborhood, particularly because A.W. Brown-Fellowship Charter School is less than a half-mile away. The store would be beyond a 1,000-foot buffer around the school, as required by the city.

“When it comes to [sexually oriented businesses], it’s very restrictive trying to find a piece of property that qualifies,” said Mr. Hartstein.

As for the possibility of opening a different type of business at the site, Mr. Hartstein said, “We’re keeping our options open.”

In the meantime, opponents say the protests will intensify. The pressure on sexually oriented businesses is not contained to the city.

Last week, state Sen. Royce West, D-Dallas, proposed a law requiring that all such Texas businesses pay a $5,000 annual registration fee and that they notify elected officials at least 60 days before their arrival.

Dallas officials have also said existing ordinances could be strengthened. The proposed store is near the City Council districts represented by Mr. Hill and Ed Oakley. Both men are running for mayor in the May elections.

Mr. Oakley said he spoke to a third-party representative for the storeowners last week.

“They should not open it,” Mr. Oakley said. “They should figure out a way to minimize their loss.”

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