RICHARDSON, Texas – An adult novelty retailer that’s suing Richardson over the city’s regulations governing sexually oriented businesses has asked that the suit be dismissed.

Michael Gross, a Colorado-based attorney for Zone d’Erotica owner Adust Video, said that the store wouldn’t be considered a sexually oriented business under regulations adopted this spring.

City officials, however, said the issue is not resolved. The motion to dismiss was filed Tuesday. It is not clear when U.S. District Judge Jorge Solis would decide whether to dismiss the suit. Karen Nelson, an attorney for Richardson, said that the city hasn’t taken a position on the motion.

A permit that allowed Zone d’Erotica to operate as the suit was pending may not be valid if the suit is dismissed, said Monica Heid, Richardson’s development services director. The temporary agreement said the permit would be automatically revoked “in the event there is a final non-appealable judgment in favor of” the city or if the store violated the agreement’s terms.

Mr. Gross said that the store doesn’t fall under the rules set out in the city’s new regulations, which restrict where sexually oriented businesses may be located.

A retailer isn’t considered an adult novelty store until 35 percent of its customers, sales or display areas are related to sexual content. The bulk of Zone d’Erotica’s business is clothing such as lingerie and costumes, said spokesman John Coil.

Ms. Heid disagrees with Mr. Gross’ contention. She said it’s “just their opinion.”