Ft. Worth, Texas- One person’s “romance boutique” could be another’s sexually oriented business. That’s at the heart of a legal dispute between a business owner and the cities of Garland, Rowlett and Murphy.
Sara Lee Goff, owner of the Condoms to Go and Sara’s Secret stores, has filed a lawsuit accusing the cities of unfairly rejecting her efforts to open shops within their borders.
The suit, filed Monday in federal district court in Dallas, faults ordinances that label Ms. Goff’s shops as sexually oriented businesses.
“We’ve never been held to be a sexually oriented business,” said Gary Krupkin, an attorney for Ms. Goff, noting that the company has shops in cities including Dallas, Plano, DeSoto, Carrollton and Kaufman. “When those cities reviewed our business model, they determined we were not a sexually oriented business.”
Murphy officials declined to comment. A Garland spokeswoman said the attorney dealing with the lawsuit was unavailable, and a Rowlett spokeswoman said the city still was reviewing the lawsuit.
Mr. Krupkin said cities where Ms. Goff has stores closely monitor the merchandise.
“It’s always been our business model to try to work with communities,” he said.
In 1997, Carrollton officials cited Condoms to Go, contending that the shop was an adult bookstore that violated the city’s zoning restrictions against sexually oriented businesses. But a municipal court jury decided the store didn’t meet the city’s definition of an adult bookstore.
Mr. Krupkin said Garland, Rowlett and Murphy had rejected Sara’s Secret stores, which are “romance boutiques” like Condoms to Go but were developed for areas where “condoms” in the store name might be too edgy.
In addition to condoms, the stores’ wares include lotions, herbal pills, lingerie and novelty items.
The lawsuit contends that the cities’ sexually oriented business ordinances are vague and overly broad and could just as easily include items sold in mainstream stores.
The lawsuit asks the court to declare the cities’ ordinances unconstitutional, prohibit enforcement and award unspecified damages and attorney fees.
From KSAX:FORT WORTH, Texas — The owner of an adult business is taking three North Texas cities to court after being told she can’t open up shop.
Sara Lee Goff opened her first store in the Metroplex 16 years ago and most recently opened her 11th location, a Sara’s Secret store, in Plano.
Now, Goff has 11 Condoms To Go and Sara’s Secret locations spread across Dallas that offer thousands of items, including adult sex toys.
Goff now wants to open three additional locations, one in Garland, one in Rowlett and another in Murphy. Goff said all three cities are against allowing her to operate her business, which they have labeled a sexually oriented business.
Goff told NBC 5 she was totally surprised by the action and has filed a lawsuit against each of the cities in federal court to get the stores opened.
Attorneys for the cities told NBC 5 that they are either reviewing the lawsuit or haven’t received it yet.