Winona, Minn. A shop peddling adult books and videos in downtown Winona will remain open for now.

Last Wednesday marked the end of a five-year grace period that had allowed Downtown Book and Video to operate on the same block as a mosque. A city ordinance bars stores from selling adult material within 600 feet of a place of worship.

But Randall Tigue, the lawyer representing Dennis and Tammy Buchanan, said the owners aren’t budging.

“I think it’s fair to say they have no intention of complying,” he said. “The question is, do we sue the city directly or see if they take the next step?”

It’s not known when the City Council will make a decision. Their options include extending the grace period or ordering the business to stop selling adult merchandise.

Tigue said the city can expect a lawsuit if it tries to close or move the store.

“If you have a religious institution and an adult bookstore, both of which (are) protected by the First Amendment, but the adult bookstore has to move, that violates the First Amendment,” he said. “There’s certainly no indication that the adult bookstore is any less harmful than a religious institution.”