Lexington, KY- Fayette County Distric Judge Megan Lake Thornton Thursday refused to set aside a jury verdict that found a local Hustler Hollywood store guilty of violating a local zoning ordinance. The judge’s decision means that an appeal will be heard in Fayette County Circuit Court.

The store’s attorney, Tucker Richardson of Lexington, originally filed the appeal May 13, soon after the store was convicted, but the appeal had been stayed pending Thornton’s ruling on the store’s requests.

“My understanding is … that this fight will continue on until we’re victorious, and we feel like we will be.”

On May 13, a jury found the store guilty of violating a law that prohibits sexually oriented bookstores, video stores and other entertainment centers at interstate highway exchanges in Fayette County. The store, which sits near an interchange off Interstate 75, was fined $250 for the violation.

In his motion to Thornton to set aside the verdict, Richardson said that during the trial, the city did not prove Hustler Hollywood was an adult bookstore and that the definition of “adult bookstore” the court submitted to the jury was incorrect.

The circuit court ruling could come within 90 days, Richardson said.

The store, which includes a coffee shop, opened July 16, 2004, without adult materials for sale. Owner Jimmy Flynt, brother of Hustler magnate Larry Flynt, filed a federal lawsuit seven days later, claiming the zoning ordinance violated his constitutional rights.

The store began selling sexually oriented adult material July 26 of last year, and the city filed a criminal complaint in District Court three days later.