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Infringing on First Amendment Rights, But Missouri Commissioners take aim at adult video stores

Missouri- Representatives of a proposed adult entertainment store in Jasper County, Missouri say commissioners are drafting an ordinance that infringes on first amendment rights.

The center of the debate is a video store, after another ordinance recently passed placed heavy restrictions on a juice bar.

The signs are installed and the building is ready, but Vegas Video is still facing hurdles with the county.

“Nobody is for it, we all know that,” says Commissioner John Bartosh. “People that I talk to, they just say ‘I wish you’d get it over with’, we just don’t care. I don’t think anybody’s for it.”

After already passing an ordinance making a strip club virtually impossible to operate, Jasper County commissioners are now drafting rules targeting adult video stores.

The commission meetings are now packed with opponents to any such business operating in the county.

The proposed ordinance would make any sexually oriented business close its doors from 1:00 a.m. to 6:00 a.m. But members of the grassroots movement Citizens for a Decent Environment say that is not enough.

“The longer these places are closed, the better we like it,” John Putnam says.

Putnam and his supporters want the businesses closed from midnight to 8:00 a.m., and increase the minimum age from 18 to 21. Along with that, video arcades would be in public view.

“The changes to the video booths is not an issue, that’s a grandfather kind of issue,” says Putnam. “It’s more of a health issue, change in health codes. All of these facilities would have to.”

That would change the layout of at least four adult video stores currently operating in the county, like Westside Video outside Joplin.

“It’s pretty obvious that it will have a chilling effect, it’s pretty obvious that’s the intent,” Bill Fleschaker says. He is the attorney representing the owner of Vegas Video, and other adult content stores in the area.

Fleischaker says actions being taken by the county are infringing on his client’s rights.

“You have more privacy in a chair out at the Northpark Mall video store than you would under here,” Fleischaker says. “At least there, you can sit in the movie in the dark. Here, you can’t even watch the movie in the dark.”

Fleischaker says court action could result, but commissioner Bartosh is confident the new ordinance will stand.

“I think we’ve got a real good one, but we need to tighten it up a little bit,” Barthosh says.

Fleischaker says if the county makes it impossible for his client’s business to operate, the commissioners could be responsible for making up losses.

The ordinance was scheduled to be passed Thursday, but is instead being revised for final approval.

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