Durham- Adam & Eve, a retail chain that sells sexy lingerie, sex toys ("romantic enhancements" is the company's term) and related merchandise, has operated a store on Chapel Hill Boulevard in Durham for years without incident. But the company's new spot at N.C. 54 and Fayetteville Road near The Streets at Southpoint mall has stirred up spirited opposition.
Ellie Mayer initiated the online petition drive protesting the opening of an Adam & Eve outlet at N.C. 54 and Fayetteville Road. A retired schoolteacher who lives in South Durham's Woodcroft neighborhood, she moved there four years ago from Los Angeles.
HOW DID YOU GET INVOLVED?
MAYER: It just happened. When I learned that the store was opening so close to our residential neighborhood, I was in shock. When I mentioned it to my exercise group, they were shocked. So we started a petition. And it took off.
[As of Jan. 21, 1,354 people had signed the petition at www.petitiononline.com/savesdur/petition.html.]
YOUR OBJECTION IS MOSTLY WITH LOCATION?
MAYER: Primarily the setting is the problem. We ask in our petition that Adam & Eve "situate themselves in a commercial environment" and "not infiltrate our family communities with their value system."
There's a similar store called Cherry Pie in Chapel Hill. It's set back from the road and its window displays are very discreet. What we have at Adam & Eve is not discreet. This is in your face. The display windows are very large -- totally inappropriate for this neighborhood.
Adam & Eve strives to show discretion, spokeswoman says
Originally a mail-order company, Adam & Eve started a brick-and-mortar division in 1999 and now has 29 stores. The company is based in Hillsborough. Company spokeswoman Katy Zvolerin [pictured] responded to questions via e-mail.
WHAT LED YOU TO CHOOSE THAT SPOT?
ZVOLERIN: The Southpoint retail area is a fast-growing location with a good deal of traffic. One thing the area was lacking was a high-end lingerie store. We've positioned the new store next to a number of grocery stores, nail salons and restaurants. It's a formula we've found works well.
HAVE YOU RUN INTO OPPOSITION OF THIS NATURE IN OTHER LOCATIONS?
ZVOLERIN: Our stores have run into some opposition in some more conservative areas such as Jacksonville, Fla. Ultimately, the communities have embraced the stores.
WHAT DISTINGUISHES ADAM & EVE FROM "ADULT" BUSINESSES?
ZVOLERIN: Our stores are well-lit, women- and couples-friendly establishments that focus on quality lingerie, romance enhancement and gifts. The nominal amount of adult-oriented products is presented discreetly in the rear of the store, and the window displays are always tasteful.
It doesn't fit definition of an 'adult establishment'
Patrick Baker, Durham's city attorney, and Steve Medlin, the City/County Planning Director, weigh in:
Based on the review, research and analysis of the city's Unified Development Ordinance, state statutes and relevant case law, we have advised the City Council that the relocation is permissible and that the city has no legal basis to prevent it. ... The issue ... is whether Adam & Eve is an adult establishment.
The legal definition under city ordinance and state law is very specific: An "adult establishment" is defined to specifically include adult bookstores, adult motion picture and mini-motion picture theaters, adult live entertainment businesses or massage businesses. It appears clear that Adam & Eve's retail operation does not fit any of these categories.
The only remaining use that could justify characterizing Adam & Eve as an adult establishment would be to determine it to be an adult bookstore -- defined as one that receives a majority of its income from the sale or rental of sexually oriented publications (video and print).
While Adam & Eve does sell sexually oriented publications, the majority of its operation is related to the sale of clothing ... . We do not believe Adam & Eve can reasonably be characterized as an adult bookstore.
