Lexington, KY- A federal judge this week has declined to dismiss a lawsuit filed by a Hustler Hollywood store against Lexington, giving the store a small victory in its legal battle with the city.

U.S. District Judge Karl Forester issued a stay in the case, meaning that the case is no longer on the federal court’s active docket, but it could be reinstated. The city had hoped that Forester would dismiss the lawsuit.

Attorneys for both sides agreed last month that constitutional issues in the lawsuit could be addressed during two pending cases in Kentucky state courts. Attorneys for the store wanted Forester to give them the option to reinstate their case in federal court after the state court cases had concluded.

The federal suit was filed July 23 by Jimmy Flynt, the store’s operator and the brother of Hustler magazine publisher Larry Flynt. It alleges that the city violated Jimmy Flynt’s constitutional rights when it passed a zoning ordinance that prohibits sexually oriented bookstores, video stores and other entertainment centers at interstate highway exchanges in Fayette County.

The Hustler Hollywood store, which opened July 16 without adult materials for sale, sits near an interchange off Interstate 75.

The store began selling sexually oriented adult material July 26, and the city filed a criminal complaint in Fayette County District Court three days later, saying the store had violated the zoning law.

Also pending in state court is a suit the store filed against the city’s board of adjustment after the board rejected the store’s application to sell sexually oriented adult products.