Alabama- A Baldwin County District Court judge Monday found owners of four adult book and video stores guilty of violating a special zoning regulation and fined them each $500. The defendants served notice they intend to appeal to Circuit Court. Their stores can continue to operate, although District Attorney David Whetstone has filed a civil lawsuit that asks a judge to close them.
The stores in question are ShowTime Video and Front Row Video in Lillian; Wilcox Video in the Wilcox community in east-central Baldwin County; and Highway 59 Video in Loxley.
Whetstone alleged that they violated a state law that bans stores whose primary business is sexually explicit material from operating within 1,000 feet of parks, churches, schools, homes, swimming pools and other areas frequented by children.
Also, he said the store owners failed to comply with re quirements that they apply for a special license from the municipality or county, and that they provide detailed information concerning ownership and financing. Under the law, the business owners must pay a $500 “investigation fee” to the government issuing the license.
District Judge Jody Bishop heard arguments from prosecutors and defense lawyers at a hearing last month, and he ruled from the bench on Mon day at the Foley Satellite Courthouse.
Whetstone said he was pleased by the ruling. He said the case involves both civil and criminal elements.
“It’s an unusual situation,” he said.
Lawyers for the defendants could not be reached for comment Monday.
Even if the four stores meet requirements laid out by the zoning ordinance, Whetstone said they still might run afoul of Alabama’s obscenity law if a grand jury finds that books, movies or magazines for sale violate “contemporary local community standards.” He said that his office is reviewing the matter.
The obscenity designation requires prosecutors to meet a high standard of proof. A jury would have to find that the material lacks “serious literary, artistic, political or scientific value,” according to Alabama law.