JACKSONVILLE, Fla. — from www.newsforjax.com – The owners of Inserection, a Southside adult novelty and video store, said the city should pay them $170,000 for trying to shut the business down three years ago.

In 2007, police arrested numerous customers for having sex in the booths at the store and also arrested the manager for operating the video booths. Police told the store to close the peepshows.

“A judge prior to our trial today found that unconstitutional,” said Gary Edinger, an attorney for Inserection. “Police officers are not allowed to do that sort of thing without a hearing, and that’s what makes America America.”

The owners sued the city and won.

Now the judge has to decide just how much the city will pay to compensate the owners for the lost business. The peepshows are up and running again, but the owners said they lost thousands of dollars when they were closed.

“Had Jacksonville acted like a regular city, they would have referred to code enforcement or filed a civil suit and no one get hurt and there is no money damages,” Edinger said. “That is not how Jacksonville does business, however, and they are going to pay for it.”

City attorneys admit the lawsuit is difficult. They hope the judge will not award the store any money because they believe the city is within the law when it comes to regulating these types of stores.

“It’s been very frustrating to our elected officials,” city attorney Cindy Laquidara said. “They have done everything they can do to diminish it. Nonetheless, the nine people on the Supreme Court cannot differentiate this type of behavior and actual First Amendment rights.”

The judge heard testimony on Wednesday. He is expected to make a ruling on the amount of money to be paid in about 30 days.